Harrison v. Fulk
Supreme Court of Arkansas
Mandamus to Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. Mandamus will lie; the duties of the court are merely ministerial.- Kirby’s Digest, § 380. There is no other adequate remedy. It was the duty of respondent to enter the order directing the sheriff to turn over the $350.00 to petitioners.
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Mandamus to Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. Mandamus will lie; the duties of the court are merely ministerial.- Kirby’s Digest, § 380. There is no other adequate remedy. It was the duty of respondent to enter the order directing the sheriff to turn over the $350.00 to petitioners. Kirby’s Digest, § 380. 2. This court has jurisdiction to compel an inferior court to exercise his discretion, and perform his duty. 35 Ark. 298; 80 Id. 350; 4 Id. 302; 99 N. E. 606. 3. Appeal is not the remedy. Kirby’s Digest, § 380; 94 Ark. 214. 1. The pleadings in this cause and the…
1Opinion of the CourtSmith, J.
This is a petition for mandamus, directed against the Hon. Guy Fulk, as judge of the second division of the Pulaski circuit court.
The case arises out of the proceedings had in that court upon the suing out of the mandate from this court in the case of Nothwang v. Harrison, decided January 1, 1917, and reported in 126 Ark. 548, 191 S. W. 2. As appears from the opinion in that case, Nothwang had attached a lot of shingles belonging to Harrison Bros., and after a mistrial of that cause and pending another trial the court made an order directing the sale of these shingles, and, pursuant thereto,…
2Cases cited12 opinions
- Rolfe v. Spybuck Drainage District No. 1Supreme Court of Arkansas · 1911
- Blass v. LeeSupreme Court of Arkansas · 1892
- Norman v. FifeSupreme Court of Arkansas · 1895
- Nothwang v. HarrisonSupreme Court of Arkansas · 1917
- Scanlan v. GuilingSupreme Court of Arkansas · 1897
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3Cited by2 opinions
- Girley v. WoodSupreme Court of Arkansas · 1975
- McDonald v. LouthenSupreme Court of Arkansas · 1919