Legal Opinion

Levy v. Lychinski

Supreme Court of Arkansas

Decided July 15, 1847Published

Appeal from the Circuit Court of Pulaski County„ At the May term of the Probate Court of Pulaski county, 1845, the widow Esther Lychinsld; by her attorney in fact Solomon Mitchell, filed a motion in said court against Jonas Levy, as administrator of Jacob Harris alias Lychinsld, representing herself as the mother and only heir of said Jacob, and praying the court to order said Levy to pay over the balance in his hands as such administrator.

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Appeal from the Circuit Court of Pulaski County„ At the May term of the Probate Court of Pulaski county, 1845, the widow Esther Lychinsld; by her attorney in fact Solomon Mitchell, filed a motion in said court against Jonas Levy, as administrator of Jacob Harris alias Lychinsld, representing herself as the mother and only heir of said Jacob, and praying the court to order said Levy to pay over the balance in his hands as such administrator. Levy appeared to the motion, and the court, after hearing evidence, ordered him to file his account for final settlement, and to pay over the balance in…

1Opinion of the CourtOldham, J.

The proceedings in this case originated in the Probate Court of Pulaski county, and were carried from that court to the Circuit Court, by a writ of certiorari. The first question presented for the consideration of this court is, whether the Circuit Court can obtain jurisdiction of a cause by a writ of certiorari to an inferior tribunal, and re-adjudicate the same. This question was fully discussed by Ch. J. Ringo, in the case of Anthony, ex parte, 5 Ark. R. 358. After citing that clause of the constitution which declares that “ the Circuit Courts shall exercise a superintending control over…

2Cases cited1 opinion

  1. Hays v. Pope countySupreme Court of Arkansas · 1844

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