Legal Opinion

Kansas & Arkansas Valley Railway Co. v. Fitzhugh

Supreme Court of Arkansas

Decided November 30, 1895PublishedCited by 13 opinions

Petition for mandamus to Crawford Circuit Court. Hugh N. Thomason, Judge. The bill of exceptions must be signed by the judge presiding at the trial. 40 Ark. 172; 37 id. 370; 42 id. 278 ; 34 id. 627 ; 37 id. 528; 51 id. 279; Mansf. Dig. sec. .5160. We have no statute settling the practice, in case ■ of the death of the presiding judge.

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Petition for mandamus to Crawford Circuit Court. Hugh N. Thomason, Judge. The bill of exceptions must be signed by the judge presiding at the trial. 40 Ark. 172; 37 id. 370; 42 id. 278 ; 34 id. 627 ; 37 id. 528; 51 id. 279; Mansf. Dig. sec. .5160. We have no statute settling the practice, in case ■ of the death of the presiding judge. Nquity, doubtless, has power to grant relief (35 Ark. 124 ; 40 id. 339; 40 .id. 551); but this court has general superintending power ■over all inferior courts, and, in aid of its appellate and ■supervisory jurisdiction, may issue remedial writs, and, we think,…

1Opinion of the CourtRiddick, J.

Henry K. Fitzhugh, as administrator of the estate of John Franklin, deceased, brought suit and recovered a judgment in the Crawford circuit court against the defendants, Kansas & Arkansas Valley Railway' and Kittle Rock & Fort Smith Railway, for the sum of three thousand and fifty dollars. On the same day that the judgment was rendered, a motion for a new trial was filed, overruled, exceptions noted, appeal prayed, and sixty days granted defendants to prepare and file their'bill of .exceptions. Fight days afterwards, and before the bill of exceptions was prepared and submitted to the judge…

2Cases cited2 opinions

  1. Commissioners of Taxing Dist. of Brownsville v. LoagueSupreme Court of the United States · 1889
  2. Fitch v. McDiarmidSupreme Court of Arkansas · 1871

3Cited by13 opinions

  1. DeSota Coal Min. & Dev. Co. v. HillSupreme Court of Alabama · 1915
  2. Keith v. AlgerTennessee Supreme Court · 1904
  3. Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
  4. Rohrer v. StricklandSupreme Court of Virginia · 1914
  5. Gulf, T. & W. Ry. Co. v. LunnCourt of Appeals of Texas · 1911

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