Tucker v. Yell
Supreme Court of Arkansas
Appeal from Jefferson Circuit. Court. Hon. H. B. Morse, Circuit Judge. I. Under the circumstances of this case, certiorari was the proper remedy. Couch, ex parte, 14 Ark., 387; Lindsay, v. Lindley, 20 Ark., 581; Denton v. Boyd, 21 Ark., 264. II. The decree of the chancery court of Arkansas county was a final decree.
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Appeal from Jefferson Circuit. Court. Hon. H. B. Morse, Circuit Judge. I. Under the circumstances of this case, certiorari was the proper remedy. Couch, ex parte, 14 Ark., 387; Lindsay, v. Lindley, 20 Ark., 581; Denton v. Boyd, 21 Ark., 264. II. The decree of the chancery court of Arkansas county was a final decree. Gerald’s Digest, title Chancery, secs. 125,182, 134,135,146,148. It is not necessary that the entire cause should be finally disposed of before an appeal can be taken on a branch of it. JSfichol v. Dunn, 25 Ark., 129; State v. Shall, admr., 28 Ark., 601; Trapnall, et al., v.…
1Opinion of the CourtGreoo, J.
We find from the record, in this cause, that .on the 28th day of April, 1868, the appellant presented his petition to the judge of the second judicial circuit, for an order to the clerk of the circuit court of Arkansas . county, to issue a writ of c'ertiorari, directed to the clerk of the probate court of said county, commanding him to certify the l’ecords and proceedings in the matter between the parties above mentioned, and send the same up for the inspection and consideration of the circuit court; and also, that a citation be issued and served upon the said Annie P. Yell, as such…
2Cases cited2 opinions
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- Garland v. DimitrySupreme Court of Louisiana · 1927
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