Berry v. Hardin

Compton, Sp. J.

In this Case the appellants brought their complaint in equity to restrain the collection of a tax alleged to have been illegally levied by the county court of Crittenden county, for the building of a court house and jail; and also to have the proceedings of the county court touching the levy of said tax, brought up by writ of certiorari and quashed. On demurrer, the complaint was dismissed for want of equity, and the complainants appealed.

The circuit court, sitting as a court of chancery, had no power to award a writ of certiorari to bring up the proceedings of the county court…