Randle v. Williams
Supreme Court of Arkansas
Appeal from the Circuit Court of Clark county. The petitioner had his remedy by application to the County Court, under sec. 4, p. 55, Acts of 1852, to correct his taxes if they were overcharged; and having neglected that, he was without remedy. See Asborn vs. The Inhabitants of Dow?'iss, 9 Pick.
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Appeal from the Circuit Court of Clark county. The petitioner had his remedy by application to the County Court, under sec. 4, p. 55, Acts of 1852, to correct his taxes if they were overcharged; and having neglected that, he was without remedy. See Asborn vs. The Inhabitants of Dow?'iss, 9 Pick. Rep. „ If the petitioner had been compelled to make the payment, he had his remedy against the sheriff for money paid by compulsion. 12 Pick. 7; 21 lb. 64; lb. 75. It is submitted that the petitioner sought the proper and only remedy for relief in the premises, by an application to the Circuit Court…
1Opinion of the CourtJustice Hanly
It is somewhat difficult to ascertain the precise character of the proceeding before us; because, it seems to have commenced at law, and ended in a decree in chancery; thus uniting chancery and law proceedings in the same controversy, or suit, and producing thereby an abundant harvest of error, and inextricable confusion. As a chancery proceeding it would be wholly unwarranted and unauthorized. We shall, therefore, regard it as having been intended to invoke a remedy at law, through the instrumentality or agency of the common law writ of certiorari, issuing from the Circuit to the County…
2Cited by6 opinions
- State v. BlattNew Mexico Supreme Court · 1937
- Clay County v. Brown Lumber Co.Supreme Court of Arkansas · 1909
- Holmes v. ColeOregon Supreme Court · 1908
- In Re Western Union Telegraph Co.Supreme Court of Oklahoma · 1911
- McLaughlin v. St. Louis Southwestern Ry. Co.Court of Appeals for the Eighth Circuit · 1916
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