Cruson v. Whitley
Supreme Court of Arkansas
Appeal from a decree purporting to have been made by the Hon. William W. Floyd, as Special Judge of the Circuit Court of Franklin county. A Special Judge has no authority to try any case not contained in his commission. See Pamphlet Acts of 1848, p. 53.
1Opinion of the CourtJustice Scott
These proceedings purport, in the caption of the transcript, to have been, “ Pleas before the Hon. William W. Floyd, Special Judge of the Circuit Court, within and for the county of Franklin, in the State of Arkansas, duly commissioned to try certain causes therein pending.” They purport to have been had on the 13th of September, 1856, and by original bill in chancery for injunction, addressed to said Floyd by that precise description. The bill appears to have been sworn to the day before, before the clerk of that Circuit Court, and on the day when these supposed pleas were had, was filed in…
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