Fitch v. McDiarmid
Supreme Court of Arkansas
Petition for Mandamus. This court can issue, hear, and determine writs of mandamus in all eases in which its jurisdiction may be invoked for that purpose. See Price ft. Barton v. Page, treasurer, 25' Ark. 527. We submit that the matters stated in the petition are sufficient to maintain the cause, in law, and that mandamus is the only proper remedy in this case, and not quo warranto, as insisted by the defendant. There is no other specific legal remedy that is complete.
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Petition for Mandamus. This court can issue, hear, and determine writs of mandamus in all eases in which its jurisdiction may be invoked for that purpose. See Price ft. Barton v. Page, treasurer, 25' Ark. 527. We submit that the matters stated in the petition are sufficient to maintain the cause, in law, and that mandamus is the only proper remedy in this case, and not quo warranto, as insisted by the defendant. There is no other specific legal remedy that is complete. Chap. 135, Gould’s Digest, does not afford a complete remedy or means of obtaining the ends sought by the proceedings. The…
1Opinion of the CourtBennett, J.
The petitioner represents that, under and in pursuance of the provisions of an act of the General Assembly of the State of Arkansas, approved March 16, 1871, he was appointed circuit clerk of Pulaski county, and that he qualified on the 18th •day of March, 1871, and that, under and by virtue of said act, he is made recorder of said county of Pulaski.
The petitioner also represents that, prior to the passage of the act of the General Assembly, aforesaid, the defendant, George "W". McDiarmid, was county clerk of Pulaski county, and, prior to the passage of said act, as such county clerk, was…
2Cases cited5 opinions
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- People ex rel. Wilson v. Supervisors of AlbanyNew York Supreme Court · 1815
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3Cited by13 opinions
- Kline v. McKelveyWest Virginia Supreme Court · 1905
- Bailey v. Lawrence CountySouth Dakota Supreme Court · 1892
- Automatic Weighing Co. v. CarterSupreme Court of Arkansas · 1910
- Kansas & Arkansas Valley Railway Co. v. FitzhughSupreme Court of Arkansas · 1895
- State v. Board of Directors of School DistrictSupreme Court of Arkansas · 1916
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