Griffin v. Boswell
Supreme Court of Arkansas
Appeal from Pope Circuit Court; A. B. Priddy, Judge; 1. Tbe judgment and order of tbe county court were not void and can not be attacked collaterally, but only directly by appeal. 23 Cyc. 1074, 1088; 100 Ark. 63; 66 Id. 113; 43 Id. 328; 152 TJ.
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Appeal from Pope Circuit Court; A. B. Priddy, Judge; 1. Tbe judgment and order of tbe county court were not void and can not be attacked collaterally, but only directly by appeal. 23 Cyc. 1074, 1088; 100 Ark. 63; 66 Id. 113; 43 Id. 328; 152 TJ. S. 327; 10 Peters 479; 5 Ark. 424. 2. Appellees are barred. 115 Ark. 88; 89 Id. 604; 52 Id. 213. 1. Certiorari is a direct proceeding to quasb a void order. 123 Ark. 205; 123 Ark. 298. Where a judgment is void on its face for want of jurisdiction certiorari is the proper remedy. 9 Ark. 73; 28 Id. 359; lb. 173; 38 Id. 159; 39 Id. 173; 68 Id. 205; 69 Id.…
1Opinion of the CourtHart, J.
On the 25th day of March, 1916, appellees filed their petition in the circuit court praying for a writ of certiorari requiring appellants to produce the records and proceedings of the county court of Pope County relating to the formation of Road Improvement District No. 1 of Pope County, Arkansas, to the end that the proceedings and orders establishing said road improvement district be quashed. Appellants answered and made a copy of the records of the county court a part of their answer and demurred to the petition of appellees. Appellees demurred to the answer of appellant. The court…
2Cases cited10 opinions
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Baxter v. BrooksSupreme Court of Arkansas · 1874
- Ex parte TiptonSupreme Court of Arkansas · 1916
- Lamberson v. CollinsSupreme Court of Arkansas · 1916
- Beakley v. FordSupreme Court of Arkansas · 1916
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3Cited by7 opinions
- Howell v. Howell Stevens v. StevensSupreme Court of Arkansas · 1948
- Pritchett v. Road Improvement District No. 3Supreme Court of Arkansas · 1920
- Phillips v. Mathews, County JudgeSupreme Court of Arkansas · 1941
- Brown & Hackney, Inc. v. StephensonSupreme Court of Arkansas · 1923
- Sanders v. WilmansSupreme Court of Arkansas · 1923
2 more not listed; retrieve them via the Exa API.