Parker v. Frierson
Supreme Court of Arkansas
Prohibition to Crittenden Chancery -Court; Chas. D. Frierson, Chancellor; STATEMENT BY THE COURT. This proceeding is for a writ of prohibition to the chancellor, to prevent his further proceeding in the suit of State of Arkansas- v. B. S. Parker, et al., with a prayer also for a mandamus,- requiring him to enter of record the order of the prosecuting attorney dismissing said suit.
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Prohibition to Crittenden Chancery -Court; Chas. D. Frierson, Chancellor; STATEMENT BY THE COURT. This proceeding is for a writ of prohibition to the chancellor, to prevent his further proceeding in the suit of State of Arkansas- v. B. S. Parker, et al., with a prayer also for a mandamus,- requiring him to enter of record the order of the prosecuting attorney dismissing said suit. The State of -Arkansas, through her prosecuting attorney for the second circuit, with other counsel assisting, filed a complaint in the Crittenden 'chancery court against B. S. Parker, president of the Five Lakes…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted that the suit was properly dismissed in vacation and that the chancery court was without jurisdiction thereafter to proceed further in the hearing thereof. Appellants in support of their position rely upon Lyons v. Green, 68 Ark. 205, and sections 7779 and 6168 of Kirby’s Digest, which provide:
“Sec. 7779. All actions in favor of and in which the State is interested shall be brought in 'the name of the State in the circuit court of the county in which the defendant may reside or be found, and shall be prosecuted by the prosecuting attorney…
2Cases cited1 opinion
- Lyons v. GreenSupreme Court of Arkansas · 1900
3Cited by1 opinion
- Beck v. State Ex Rel. Attorney GeneralSupreme Court of Arkansas · 1929