Yell v. Outlaw
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court, On motion to dismiss, the appeal. referred to the cases of Martin vs. Lawrence, fyc. 1 John. Gas. 396. Defendc?'ffer vs-. Hughes, 6 H&r. Sf J. 3. Newson’s adrrCr. vs. Douglass, 7 Har. Sy J. 454. Hancock co., vs. Marsh, 2 Scam. 491.
1Opinion of the CourtChief Justice Watkins
The appellant, who was the plaintiff below, moves for leave to dismiss his appeal after the submission of the cause in this court. No recognizance for stay of execution wasentered into in the court below. It follows from the decision in Clay vs. Notrebe, 6 Eng. 336, that the right of appeal given in common law cases* is a cumulative remedy to that by prosecuting a writ of error* both identical in their operation and design for the correction of errors. Reed vs. Latham, 1 Ark. 71, State Bank vs. Conway, at January term, 1853. So, the practice has been to treat the privilege of obtaining an…
2Cases cited1 opinion
- McLain v. IrwinSupreme Court of Arkansas · 1845