Derton v. Boyd
Supreme Court of Arkansas
Error to Bradley Circuit Court. Hon. Theodoric F. Sorrells, Circuit Judge. That the Circuit Court had full power to issue the writ in this case, as the party interested had no opportunity to appeal. 13 Ark. 355; 7 Eng. 95; 6 Eng. 604. That the Circuit Court erred in rendering judgment for cost on dismissing the appeal. 1 Ark. 55. The court had no power to interfere with the judgment at a subsequent term. 2 Ark. 66; 5 Ark. 23; 14 Ark. 203.
1Opinion of the CourtChief Justice English
It appears from the transcript in this case, that on the 4th of August, 1856, Philip Derton presented a petition to the judge of the Bradley Circuit Court in vacation, for a writ of certiorari, stating in substance, that Charles S. Boyd died in said count}', leaving a considerable estate real and personal, upon which administration was granted, by the Probate Court of the county, to F. A. Boyd; that afterwards petitioner purchased, and obtained transfers from the legatees of all their interest in the estate, which transfers are exhibited; that on the last day of the April term, 1856, of the…
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