Legal Opinion

Ex parte Davies

Supreme Court of Arkansas

Decided December 19, 1903PublishedCited by 10 opinions

Petition for certiorari to Garland Chancery Court. In some jurisdictions the writ of certiorari is used in the nature of a writ of error, and then it lies to revive and correct a judgment of the lower court for all errors of law appearing therein, 4 Enc.

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Petition for certiorari to Garland Chancery Court. In some jurisdictions the writ of certiorari is used in the nature of a writ of error, and then it lies to revive and correct a judgment of the lower court for all errors of law appearing therein, 4 Enc. PL & Pr. 125, 126; 35 Ark. 458 ;■ 54 N. Car. 202; 24 N. Y. 74; 101 N. Y. 245; 1 Grant’s Cases, 453; 6 la. 245; 2 Utah, 560. But such application must be made upon notice to the adverse party. 20 Ark. 636; 23 Ark. 18; 51 Ark. 317; 34 Ark. 291; 40 Ark. 223; 17 Enc. Pl. & Pr. 923. Such notice must be reasonable. 4 Enc. PL & Pr. 925. As to the…

1Opinion of the CourtRiddick, J.

In- this case R. G. Davies, an attorney at law of Garland County, has procured from this court a writ of certiorari tothe clerk of the Garland Chancery Court to bring up a transcript of the record in the proceeding against him for.contempt, to the end that the judgment in said case may be reviewed by this court. See Harrison v. State, 35 Ark. 458; Burgett v. Apperson, 52 Ark. 213; Ex parte Biggs, 64 N. C. 202.

The record shows that the petitioner, Davies, had been ordered to show cause why he should not be adjudged guilty of contempt of the chancery court of Garland County h}' reason of the…

2Cases cited3 opinions

  1. Burgett v. AppersonSupreme Court of Arkansas · 1889
  2. Biggs, Ex Parte.Supreme Court of North Carolina · 1870
  3. Harrison v. StateSupreme Court of Arkansas · 1880

3Cited by10 opinions

  1. Johnson v. JohnsonSupreme Court of Arkansas · 1967
  2. Dennison v. MobleySupreme Court of Arkansas · 1974
  3. Meeks v. StateSupreme Court of Arkansas · 1906
  4. Johnson v. StateSupreme Court of Arkansas · 1908
  5. Blankenbaker v. StateIndiana Supreme Court · 1929

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