Monette Road Improvement District v. Dudley
Supreme Court of Arkansas
Original application for prohibition to Craighead Circuit Court, Lake City District; R. H. Dudley, Judge; The writ of certiorari is restricted to reviewing a judicial or quasi judicial act, and injunction or some other remedy would be available to correct an error in the performance of a legislative, executive or administrative act; and, since the assessment of benefits is a legislative or administrative act, the circuit'court was without jurisdiction to correct any error as…
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Original application for prohibition to Craighead Circuit Court, Lake City District; R. H. Dudley, Judge; The writ of certiorari is restricted to reviewing a judicial or quasi judicial act, and injunction or some other remedy would be available to correct an error in the performance of a legislative, executive or administrative act; and, since the assessment of benefits is a legislative or administrative act, the circuit'court was without jurisdiction to correct any error as to assessments for local improvements or cancel a contract under the rulings of our courts. 105 Ark. 65; 134 Ark. 121;…
1Opinion of the CourtMcCulloch, C. J.
Monette Road Improvement District is, as its name implies, a road improvement district formed for the purpose of improving certain roads, and was created by a special statute enacted by the General Assembly of 1919 (Act No. 58, Acts 1919, Regular Session, volume 1, page 105).
Application is made to this court on behalf of said district for a writ of prohibition directed to the Honorable R. H. Dudley as judge of the second division of the circuit court of the Second Judicial Circuit to prevent the circuit court of Craighead County, Lake City District, from hearing and determining a certain…
2Cases cited19 opinions
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- Hall v. BledsoeSupreme Court of Arkansas · 1916
- State ex rel. McEntee v. BrightSupreme Court of Missouri · 1909
- Merwin v. FussellSupreme Court of Arkansas · 1910
- Russell v. JacowaySupreme Court of Arkansas · 1878
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3Cited by50 opinions
- Pugsley v. SellmeyerSupreme Court of Arkansas · 1923
- Villines v. HarrisSupreme Court of Arkansas · 2000
- Springdale School District v. JamesonSupreme Court of Arkansas · 1981
- Order of Railway Conductors of America v. BandySupreme Court of Arkansas · 1928
- District No. 21 United Mine Workers of America v. BourlandSupreme Court of Arkansas · 1925
45 more not listed; retrieve them via the Exa API.