Kastor v. Elliott
Supreme Court of Arkansas
Original petition for prohibition; Where the jurisdiction of the court is doubtful, or where the petitioner has other legal remedy, the grant or refusal of the writ of prohibition is discretionary, 155 U. S.; 402, 166 U. S. 136. In any case where the party aggrieved may have ample remedy by appeal, prohibition will not lie. 65 Ark. 214.
1Opinion of the CourtBattle, J.
Hugo Kastor applies to this court for a writ to prohibit the Lincoln Chancery Court from exercising jurisdiction in the suit of Jacob Boye against him in that court. He says “that on the 19th day of October, 1905, he instituted a suit in the Desha Chancery Court against Jacob Poye, a resident of Desha County; that the object of the suit was to enforce specific performance by Poye of the contract exhibited with the complaint therein, to obtain an accounting between the parties, and to restrain Poye from interfering with petitioner’s possession of certain staves lying partly in Desha County,…
2Cases cited1 opinion
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
3Cited by15 opinions
- Sims v. MillerSupreme Court of Arkansas · 1922
- Davis v. LawhonSupreme Court of Arkansas · 1932
- Rosenblum v. TrullingerDistrict Court, E.D. Arkansas · 1954
- Wright v. LecroySupreme Court of Arkansas · 1931
- Jones v. CoffinSupreme Court of Arkansas · 1910
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