Lamb & Rhodes v. Howton
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; 1. The county judge has authority to defend cases appealed to the circuit or Supreme courts.
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Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; 1. The county judge has authority to defend cases appealed to the circuit or Supreme courts. Kirby’s Digest, § 1493; 60 Ark. 516, 519. Special counsel may be employed. 2. Failure to verify claims is not jurisdictional and it can be amended in circuit court. 84 Ark. 329; 107 Id. 292. 3. Before certiorari can be invoked there must be not only want, of authority but want of discretion. 37 Ark. 532; 66 Id. 139. Mere errors must be corrected by appeal. Certiorari only lies where the judgment is void. 66 Ark. 139. 4.…
1Opinion of the CourtWood, J.
The question presented by this appeal is whether or not the writ of certiorari will lie to set aside the judgment of the county court, based upon a claim for fees for services rendered the county by a firm of attorneys, which, claim shows upon its face that it was not verified, and where the authority of these attorneys to represent the county in litigation, if any existed, is hot shown on the face of the rcord.
In Burgett v. Apperson, 52 Ark. 213, 220, Judge Cockrill, speaking for the court concerning the writ of certiorari, said: ‘ ‘ The writ is granted in two classes of cases: First, where…
2Cases cited12 opinions
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
- Burgett v. AppersonSupreme Court of Arkansas · 1889
- Leathem & Co. v. Jackson CountySupreme Court of Arkansas · 1916
- Saline County v. KinkeadSupreme Court of Arkansas · 1907
- State ex rel. Izard County v. HinkleSupreme Court of Arkansas · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Young v. SmithSupreme Court of Arkansas · 1998
- Banning v. StateCourt of Appeals of Arkansas · 1987
- State v. WatsonSupreme Court of Arkansas · 1991
- Arkansas Department of Human Services v. Circuit CourtSupreme Court of Arkansas · 2005
- Hyden v. Circuit Court of Pulaski CountySupreme Court of Arkansas · 2007
11 more not listed; retrieve them via the Exa API.