Ex parte Adams
Supreme Court of Arkansas
Certiorari to Pulaski Circuit Court. Robert J. Lea, Judge. 1. The contract is illegal and void because let contrary to law. 54 Ark. 645. A contract could not be “on terms most advantageous to the county” which leaves out a stipulation to relieve the county of costs. 2. The court had no power to leave out the stipulation to pay costs. 54 Ark. 645; Acts 1881, p. 149; Acts 1883, p. 125; Acts 1893, p. 207; 52 Ark. 178; 48 id. 283. 3. Certiorari is the proper remedy. 55 Ark. 275;…
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Certiorari to Pulaski Circuit Court. Robert J. Lea, Judge. 1. The contract is illegal and void because let contrary to law. 54 Ark. 645. A contract could not be “on terms most advantageous to the county” which leaves out a stipulation to relieve the county of costs. 2. The court had no power to leave out the stipulation to pay costs. 54 Ark. 645; Acts 1881, p. 149; Acts 1883, p. 125; Acts 1893, p. 207; 52 Ark. 178; 48 id. 283. 3. Certiorari is the proper remedy. 55 Ark. 275; 52 id. 213. Cites Acts 1881, p. 149; Acts 1883, p. 125; Acts 1893, p. 207. The record cannot be attacked collaterally.…
1Opinion of the CourtBattle, J.
James Adams was convicted, in the Pulaski circuit court, of an aggravated assault, and was thereafter delivered to S. M. Apperson and G. A. Deeper, to be “kept and worked” under a contract made by them with the Pulaski county court for the hire of prisoners. He petitioned to the Pulaski circuit court for a writ of habeas corpus and release from the custody of Apperson and Peeper, as such contractors. The writ was granted and served; and Apperson and Peeper responded by bringing him in court, and showing that they held him in custody by virtue of a commitment of the Pulaski circuit court and…
2Cases cited5 opinions
- Ex parte JacksonSupreme Court of Arkansas · 1885
- State ex rel. Arkansas Industrial Co. v. NeelSupreme Court of Arkansas · 1886
- Ex parte BrandonSupreme Court of Arkansas · 1886
- Ex parte BarnettSupreme Court of Arkansas · 1888
- In re BurrowSupreme Court of Arkansas · 1892
3Cited by1 opinion
- Ex parte KairNevada Supreme Court · 1905