Legal Opinion

Thornton v. Allen

Supreme Court of Arkansas

Decided November 20, 1911PublishedCited by 1 opinion

Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This was an application by appellant to the circuit court of Clark County for a writ of prohibition against appellee, as county judge of said county, to prohibit him from proceeding further in the cause of Terre Noir Drainage District v. Thornton.

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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This was an application by appellant to the circuit court of Clark County for a writ of prohibition against appellee, as county judge of said county, to prohibit him from proceeding further in the cause of Terre Noir Drainage District v. Thornton. The petitioner alleged that at the January term, 1908, of said county court, upon petition, viewers were appointed for the purpose of ascertaining the practicability of establishing a drainage district in Clark County along Terre Noir Creek and that said court, on March…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is contended that the circuit court erred in refusing to try the case de novo, which had been first appealed from the county court to it, after same had been reversed by the Supreme Court and remanded for a new trial, and this contention is correct.

The appeal, in the first instance, from the county court brought the entire matter to the circuit court for a trial de novo. “ It is the duty of the circuit court, when a case is appealed from the county court, to hear the matter de novo and to try the case and to exercise the same discretion therein in the…

2Cases cited2 opinions

  1. Batesville v. BallSupreme Court of Arkansas · 1911
  2. Taylor v. ClarkSupreme Court of Arkansas · 1905

3Cited by1 opinion

  1. Wenderoth v. FreezeSupreme Court of Arkansas · 1970

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