KENNEDY v. GARNER

No. 5-1846.

326 S.W.2d 810 (1959)

Olson KENNEDY, Appellant, v. C. S. GARNER, Appellee.

Supreme Court of Arkansas.

Rehearing Denied September 7, 1959.


Attorney(s) appearing for the Case

Charles L. Carpenter, N. Little Rock, for appellant.

James L. Sloan, Little Rock, for appellee.


ROBINSON, Justice.

This is a usurpation case. Appellee, Garner, filed this suit, contending that he is the duly elected or appointed marshal of the city of Jacksonville and that appellant, Kennedy, has usurped the office. The trial court held that Garner is entitled to the office and Kennedy has appealed.

First, appellant contends that the trial court made no finding that he is claiming to be marshal. There is substantial evidence to the contrary, and moreover...

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