State ex rel. Butler v. Williams
Supreme Court of Arkansas
PETITION for Prohibition. The terms of the circuit courts are fixed by law, and it is not in the power of the judges to change them. Under Mansf. Pig., sec. 1476, the term may be continued after the time for holding the next regular term in another county in the circuit, as held in 32 Ark., 278, but as declared by sec. 1481, “No such adjourned session * * * shall interfere with any other courts to be held by the same judge.” This provision is mandatory. See Cooley Const.
Read the full summary
PETITION for Prohibition. The terms of the circuit courts are fixed by law, and it is not in the power of the judges to change them. Under Mansf. Pig., sec. 1476, the term may be continued after the time for holding the next regular term in another county in the circuit, as held in 32 Ark., 278, but as declared by sec. 1481, “No such adjourned session * * * shall interfere with any other courts to be held by the same judge.” This provision is mandatory. See Cooley Const. Lim., 93. The attorneys had no right to elect a judge at a special adjourned session. See Const., art. 7, sec. 21. The…
1Opinion of the CourtSmith, J.
On the 4th of August, 1885, in Desha circuit cour^> cause of J. M. Whitehill, plaintiff, against J. R. Sutler, defendant, was tried before the Hon. John A. Williams, circuit judge, and a jury, and a verdict and judgment were given for the defendant. On the 6th of the same month the plaintiff moved for a new trial. This motion had not been disposed of, when the court adjourned over to the 8th of December, following. On fhe day last mentioned, the circuit judge was not in attendance, being engaged in holding the Jefferson circuit court. On the 9th of December a special judge was elected, who…
2Cases cited1 opinion
- Smith v. WhitneySupreme Court of the United States · 1886
3Cited by17 opinions
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- Bell v. StateSupreme Court of Arkansas · 1915
- Monette Road Improvement District v. DudleySupreme Court of Arkansas · 1920
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- State ex rel. Missouri Pacific Railway Co. v. WilliamsSupreme Court of Missouri · 1909
12 more not listed; retrieve them via the Exa API.