Ex parte Simmons
Supreme Court of Arkansas
Certiorari to Phillips Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. G. W. Simmons presents his petition for a writ of certiorari to this court, asking it to quash a judgment committing him for contempt for violation of an injunction order.
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Certiorari to Phillips Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. G. W. Simmons presents his petition for a writ of certiorari to this court, asking it to quash a judgment committing him for contempt for violation of an injunction order. The facts are as follows: On May 29, 1912, Frank Carter et al. filed in the Phillips Chancery Court a complaint against G. W. Simmons, in which they ask that the defendant be enjoined from acting as pastor of the Beautiful Zion Church of Helena, in Phillips County, Arkansas. On the same day, without notice to the defendant, the…
1Opinion of the Court
Hart, J.,
(after stating the facts). In the case of Sanders v. Plunkett, 40 Ark. 507, the court held that a circuit judge has the power to dissolve in vacation an injunction ordered by himself in vacation. At the time the decision was rendered jurisdiction of matters of equity was vested in the circuit courts of the State. (Constitution of 1874, art. 7, § 15). Subsequently the State was divided into chancery districts, and jurisdiction in matters of equity was transferred from the circuit courts to the chancery courts.
Upon the authority of Sanders v. Plunkett, supra, it follows that a…
2Cases cited1 opinion
- Sanders v. PlunkettSupreme Court of Arkansas · 1883
3Cited by1 opinion
- Dobbins Brothers v. Anderson, County JudgeSupreme Court of Arkansas · 1940