Reed v. Bradford
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James- S. Steel. Judge; 1. It was improper to join certiorari and prohibition, two different causes of action. Kirby’s Digest, § 6079. Certiorari does not lie, because tbe record shows no error on its face. 2. Prohibition does not lie to try title to an office.
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Appeal from Howard Circuit Court; James- S. Steel. Judge; 1. It was improper to join certiorari and prohibition, two different causes of action. Kirby’s Digest, § 6079. Certiorari does not lie, because tbe record shows no error on its face. 2. Prohibition does not lie to try title to an office. Kirby’s Digest, § 5157; 33 Ark. 191. Judge Butt was acting as special judge under a commission from the Governor, and he was at least de- facto judge, and his acts can not be collaterally questioned. 55 Ark. 81; 43 Id. 243; 24 Id. 476; 52 Id. 356. See also 38 Id. 150, 158; 50 Miss. 607; 43 N. W. 572;…
1Opinion of the Court
McCulloch, O. J.
Appellees filed in the cirucit court of Howard County their petition for writ of certiorari to bring up and quash a judgment of the county court, rendered by J. S. Butt, as special judge, opening a public road from Mineral Springs to the intersection of another road between Mineral Springs and Nashville; and they also prayed for a writ of prohibition to restrain said special judge from proceeding further in the enforcement of said judgment. On the hearing of the matter in the circuit court the relief prayed for was granted, and an appeal has been prosecuted to this court.
Appell…
2Cases cited3 opinions
- Keith v. StateSupreme Court of Arkansas · 1887
- Jewett v. McConnellSupreme Court of Arkansas · 1914
- Cruson v. WhitleySupreme Court of Arkansas · 1857
3Cited by6 opinions
- McKenzie v. BurrisSupreme Court of Arkansas · 1973
- Johnson v. Manhattan Ry. Co.Court of Appeals for the Second Circuit · 1932
- Howell v. Howell Stevens v. StevensSupreme Court of Arkansas · 1948
- Martin v. HargroveSupreme Court of Arkansas · 1921
- State Ex Rel. Sedillo v. AndersonNew Mexico Supreme Court · 1949
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