Auditor v. Davies
Supreme Court of Arkansas
Appear from Chicot Circuit Court. Upon a petition and affidavit of Anthony H. Davies, and others, a writ of certiorari to the Auditor of Public Accounts of the State was issued by the Judge of the Chicot Circuit Court, returnable unto that court, with a supersedeas to the Coroner of Chicot county, to bring before the court a distress warrant issued by the Auditor against them as securities of the former Sheriff of Chicot county, with the proceedings of the Auditor prior to…
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Appear from Chicot Circuit Court. Upon a petition and affidavit of Anthony H. Davies, and others, a writ of certiorari to the Auditor of Public Accounts of the State was issued by the Judge of the Chicot Circuit Court, returnable unto that court, with a supersedeas to the Coroner of Chicot county, to bring before the court a distress warrant issued by the Auditor against them as securities of the former Sheriff of Chicot county, with the proceedings of the Auditor prior to issuing the warrant, for revision in that court. The writ of certiorari was issued to, and executed in, the county of…
1Opinion of the Court
Lacy, Judge,
delivered the opinon of the-court:
There have been several distinct propositions raised by the assignment of errors and discussed at the bar that we do not feel ourselves called on at this time to determine. The main question in this cause is, did the court below rightfully exercise jurisdiction in the premises!
Before we proceed to settle this point, if may be well to define the meaning of the writ of certiorari, according to the English practice, and also to state a few of the most prominent uses to which it was applied. Lord Bacon defined it to be, “ an original writ issuing out…
2Cited by18 opinions
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- Danley v. WhiteleySupreme Court of Arkansas · 1854
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