McKay v. Jones
Supreme Court of Arkansas
WRIT of Certiorari to Randolph, Circuit Court. Hon. John McCoy, Special Judge. Certiorari is the correct and only remedy. McKay & Fisher were not proper parties in the cause below, neither could have appealed. This case distinguished from Allston ex parte, 17 Ark., and McKay v. Jackson, 21 Ark.; Redmond v. Anderson, 18 Ark. No transcript from the County Court was filed. The Circuit Court had no jurisdiction.
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WRIT of Certiorari to Randolph, Circuit Court. Hon. John McCoy, Special Judge. Certiorari is the correct and only remedy. McKay & Fisher were not proper parties in the cause below, neither could have appealed. This case distinguished from Allston ex parte, 17 Ark., and McKay v. Jackson, 21 Ark.; Redmond v. Anderson, 18 Ark. No transcript from the County Court was filed. The Circuit Court had no jurisdiction. Dicus v. Bright, 23 Ark., 107. The defendants below were duly summoned and appeared, the judgment cannot be void. Gantt’s Digest sec. 4739 ; Allston ex parte, 17 Ark., 580; McKay v.…
1Opinion of the Court
Walker, J.:
The record of the proceedings and judgment of the Randolph Circuit Court has been brought before us, in obedience to a writ of certiorari, issued by order of one of the judges of this court, from which it appears that a petition was presented to the judge of the Circuit Court of Randolph county, praying for a writ of certiorari, to be issued to the clerk of the County Court of said county, requiring him to certify and return to said Circuit Court the records, proceedings and orders of the County Court of said county, which related to the contracting for the building of a court…
2Cited by3 opinions
- Donovan v. Board of Police CommissionersCalifornia Court of Appeal · 1916
- Ex parte PhillipsSupreme Court of Arkansas · 1906
- Jones, Mayor v. LeightonSupreme Court of Arkansas · 1940