Ex parte Gilbert
Supreme Court of Arkansas
Certiorari to Bradley Circuit Court; Henry W. Wells, Judge; 1. The circuit judge was without jurisdiction to issue a restraining order or injunction as an aid to a suit of unlawful detainer. Chancery courts alone have jurisdiction in such matters (sec. 3966 et seq., Kirby’s Dig,), except when the chancellor is, absent from the county.
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Certiorari to Bradley Circuit Court; Henry W. Wells, Judge; 1. The circuit judge was without jurisdiction to issue a restraining order or injunction as an aid to a suit of unlawful detainer. Chancery courts alone have jurisdiction in such matters (sec. 3966 et seq., Kirby’s Dig,), except when the chancellor is, absent from the county. Sec. 1294, Kirby’s Dig.; 74 Ark. 423; 81 Id. 462; 84 Id. 341. 2. The unlawful detainer suit was not a proper action for the appointment of a special administrator. 69 Ark. 217. . 3. The order of the circuit judge directing that the lands be leased was void, and…
1Opinion of the CourtFrauenthal, J.
The petitioners, Julia Gilbert and Erwin Gilbert, procured from this court writs of certiorari by which they seek to review and quash the order of the judge of the Bradley Circuit Court adjudging them guilty of contempt in disobeying an injunction issued by said judge in vacation.
On March 20, 1908, J. T. and E. J. Daniel instituted in the Bradley Circuit Court a suit of unlawful detainer against one Bob Gilbert, by which the plaintiffs in that case sought to obtain the possession of certain land in Bradley County. It was alleged in the complaint in that case that the plaintiffs had sold the…
2Cases cited9 opinions
- Pitcock v. StateSupreme Court of Arkansas · 1909
- Guardian v. DaviesSupreme Court of Arkansas · 1882
- Ex parte DaviesSupreme Court of Arkansas · 1903
- York v. StateSupreme Court of Arkansas · 1909
- State Fair Ass'n v. TownsendSupreme Court of Arkansas · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Prager v. WoottonSupreme Court of Arkansas · 1930
- Blake v. ThompsonSupreme Court of Arkansas · 1928
- Dupree v. SmithSupreme Court of Arkansas · 1921
- Thompson v. LeeSupreme Court of Arkansas · 1927