Knox v. Beirne
Supreme Court of Arkansas
This case was determined in the Crawford Circuit Court, in"August, 1841, before the Hon. Richard C. S. Brown, one of the Circuit Judges. Bj the1 act of 25th December, 1840, it devolved on the Hon. Joseph M. Hoge, Judge of the 4th judicial circuit, to hold the August term, 1841, of the Crawford Circuit Court, in the seventh circuit, of which the Hon. R. C. S. Brown was Judge.
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This case was determined in the Crawford Circuit Court, in"August, 1841, before the Hon. Richard C. S. Brown, one of the Circuit Judges. Bj the1 act of 25th December, 1840, it devolved on the Hon. Joseph M. Hoge, Judge of the 4th judicial circuit, to hold the August term, 1841, of the Crawford Circuit Court, in the seventh circuit, of which the Hon. R. C. S. Brown was Judge. Both judges were present; and the regular judge declining to obey the law, holding it unconstitutional, proceeded to hold the Court. The present case was decided immediately, and brought before this Court, upon the…
1Opinion of the Court
By the Court,
Dickinson, J.
The language in this case, as used in the opinion, must, of course, be construed with reference to the facts before the Court — with reference to the matter under consideration. Any other rule, in the language of an eminent jurist, “would misrepresent one judge, and mislead another.” Wherfi the Court remarks that the judicial powers of the respective judges must be, confined to the limits of their circuit, of course it must be taken in a qualified sense. The exception to the principle is contained in the constitution, which is, unless the Legislature shall authorize…
2Cited by4 opinions
- LaRue v. LaRueSupreme Court of Arkansas · 1980
- State v. GeorgeSupreme Court of Arkansas · 1971
- Karoley v. A. R. & T. ElectronicsSupreme Court of Arkansas · 1963
- Farmers' Mutual Telephone Co. v. HowellSupreme Court of Iowa · 1906