County Court v. Robinson
Supreme Court of Arkansas
APPEAL PltOM uxrox COUNTY CIRCUIT COURT. Hox. (Riorum AV. AIcCWx, Circuit Judge. A mandamus is not a. writ of right. It is always ex ■parte, and will be granted only when a party has shown ho has a 'legal right, and no other adequate specific legal remedy. 1st Chp. Geni.
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APPEAL PltOM uxrox COUNTY CIRCUIT COURT. Hox. (Riorum AV. AIcCWx, Circuit Judge. A mandamus is not a. writ of right. It is always ex ■parte, and will be granted only when a party has shown ho has a 'legal right, and no other adequate specific legal remedy. 1st Chp. Geni. Prac., 790 ; Ilex. vs. Bp. of Chester, 1 Term., 696; King vs. Bishop of Canterbury, 8 East., 219 ; Strong, Petitioner, 20 Pick., 497 ; Cheatham, ex parte, 6 Ark., 437 ; Young vs. Mills, 1 Ark., 11; lb. 121; Tmprall ex parte, 6 Ark., 9; Williamson,ex parte, 8 Ark., 424. It will not lie whenlthe party has the right of appeal.…
1Opinion of the CourtGregg, J.
In September, 1870, the appellee presented his petition to the Circuit Court of Union county, for a mandamus against appellant, to compel said county court to levy a larger amount of special school taxes, for district thirteen, in said county, than had been adjudged by the court, because, .as he alleged, there were 397 youths in said district capable of attending school, and that but four schools had been provided ; whereas, there should be ten, and a sufficient amount of taxes to support that number. He alleged that, according to law, he called a meeting of the legal voters of the district,…
2Cited by5 opinions
- United States v. BuntinUnited States Circuit Court · 1882
- Jones v. AdkinsSupreme Court of Arkansas · 1926
- Collins v. HawkinsSupreme Court of Arkansas · 1905
- Board of Education v. Board of County CommissionersSupreme Court of Oklahoma · 1904
- State Ex Rel. Pilkinton v. Bush, JudgeSupreme Court of Arkansas · 1947