Ramsey v. Carhart
Supreme Court of Arkansas
PETITION EOR. QUO WARRANTO. As to the objection that the writ of quo warranto can only be brought on the relation of the Attorney General, and not on the relation of .any other person, we submit: That the amendment of the law by Sec. 525, of the Code, was merely the adoption of the- English statute of-9 Anne, ch. 20. ‘The Code proceeding is only the quo xoarranto, of the common law, codified, and it does not lie in the Code to impair the jurisdiction of this court, by…
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PETITION EOR. QUO WARRANTO. As to the objection that the writ of quo warranto can only be brought on the relation of the Attorney General, and not on the relation of .any other person, we submit: That the amendment of the law by Sec. 525, of the Code, was merely the adoption of the- English statute of-9 Anne, ch. 20. ‘The Code proceeding is only the quo xoarranto, of the common law, codified, and it does not lie in the Code to impair the jurisdiction of this court, by prescribing new forms, though the Code or any other statute, may prescribe the manner of proceeding in any of the courts.…
1Opinion of the CourtMcClure, C. J.
The only question presented, by this case, is, whether a quo warranto will issue on the relation of a private person ? ,It was held, in the State vs. Ashley, 1 Ark., 279; in Caldwell vs. Bell & Graham, 6 Ark., 227, and the State vs. Williams, that the writ of quo ivarranto wquld only issue on the relation . of the Attorney General, in the name of the State, in cases where the whole community are interested, and would not be granted at the instance of an individual for the determination of a private right.
The counsel for the appellant ask: “ Will any one say that the jurisdiction of this court…
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