Maxey v. Coffin
Supreme Court of Arkansas
There was no occasion for the exercise of discretion or official judgment, and mandamus is the proper remedy. 43 Ark. 62. The writ will issue whenever the refusal of an officer 10" act in a matter in which it is his plain duty to act may deprive one of his legal rights. 45 Ark. 121; Kirby’s Dig., § § 5156 to 5161, inclusive ; 35 Ark. 565; Id. 298; 33 Ark. 568; 26 Ark. 237.
1Opinion of the CourtHart, J.
This is a petition for mandamus directed against the Hon. Charles Coffin, Judge of the Third Judicial Circuit.
The facts relied upon to obtain it are as follows: R. E. L. Maxey was convicted' in the Stone Circuit Court for the crime of obtaining money under false pretenses. He appealed to this court, where the judgment was reversed on the ground that the evidence was not sufficient to support the verdict, and the case was remanded for a new trial. See Maxey v. State, 85 Ark. 499.
After the mandate from this court was filed in the circuit court Maxey moved the court to dismiss the case because…
2Cases cited5 opinions
- Collins v. HawkinsSupreme Court of Arkansas · 1905
- Branch v. WinfieldSupreme Court of Arkansas · 1906
- Maxey v. StateSupreme Court of Arkansas · 1908
- McBride v. HonSupreme Court of Arkansas · 1907
- Coit v. ElliottSupreme Court of Arkansas · 1873
3Cited by7 opinions
- Rolfe v. Spybuck Drainage District No. 1Supreme Court of Arkansas · 1911
- Girley v. WoodSupreme Court of Arkansas · 1975
- Calloway v. HarleySupreme Court of Arkansas · 1914
- State Ex Rel. Pilkinton v. Bush, JudgeSupreme Court of Arkansas · 1947
- Wirges v. BeanSupreme Court of Arkansas · 1964
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