Allen v. Houston
Supreme Court of Arkansas
Original Proceedings in Mandamus. On the 30fch of March, 1878, an alternative writ of mandamus was issued out of this court, directed to 8. D. Houston, probate judge of Cloud county, commanding him as such officer, on or before the 30th of April, 1878, to perform a certain alleged official duty, or to show cause, etc. The defendant appeared and answered, showing cause. The case was duly submitted, July 3d, 1878, and the subjoined opinion filed on the 26th of November, 1878.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This is an action of mandamus, brought originally in this court by R. E. Allen and others, to compel S. L. Houston, probate judge of Cloud county, to perform what they claim to be an official duty imposed upon him by §4 of the act of the legislature entitled “An act relating to town sites.” (Gen. Stat. 1074.) The alternative writ recites, and the evidence shows, that prior to the 19th of September, 1877, certain lands then belonging to the United States were duly entered under an act of congress entitled “An act for the relief of the…
2Cases cited6 opinions
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- Sherry v. SampsonSupreme Court of Kansas · 1873
- In re JohnsonSupreme Court of Kansas · 1873
- Clayton v. School District No. 1Supreme Court of Kansas · 1878
- Emmert v. DeLongSupreme Court of Kansas · 1873
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3Cited by1 opinion
- Winkfield v. BrinkmanSupreme Court of Arkansas · 1879