Merchants & Planters Bank v. Fitzgerald
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Flliott, Judge. Petition for certiorari by Fdward Fitzgerald and others, creditors of the estate of Nannie W. Nichol, deceased, to quash an order of the probate court erroneously classifying in the third class of debts a claim of the Merchants & Planters Bank against the estate, which had not been reduced to judgment in deceased’s lifetime.
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Appeal from Jefferson Circuit Court. John M. Flliott, Judge. Petition for certiorari by Fdward Fitzgerald and others, creditors of the estate of Nannie W. Nichol, deceased, to quash an order of the probate court erroneously classifying in the third class of debts a claim of the Merchants & Planters Bank against the estate, which had not been reduced to judgment in deceased’s lifetime. The court quashed the order, and the bank has appealed. 1. The probate court had original and exclusive jurisdiction to determine the character and justness of the claim, and to classify it. Sand. & H. Dig.…
1Opinion of the CourtBattle, J.
According to the well settled practice in this state the writ of certiorari can be used by the circuit court in the exercise of its appellate power and superintending control over inferior courts in the following classes- of cases: (1) Where the tribunal to which it is issued has exceeded its jurisdiction; (2) where the party applying for it had the right of appeal, but lost it- through no fault of his own ; and (3) in cases where it has superintending contról over a tribunal which has proceeded illegally, and no other mode has been provided for directly reviewing its proceedings. But it…
2Cases cited25 opinions
- Burgett v. AppersonSupreme Court of Arkansas · 1889
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
- People ex rel. Loomis v. WilkinsonIllinois Supreme Court · 1852
- Chicago v. WhippleIllinois Supreme Court · 1859
- Davis v. SmithSupreme Court of Georgia · 1848
20 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State Ex Rel. Purcell v. NelsonSupreme Court of Arkansas · 1969
- Hall v. BledsoeSupreme Court of Arkansas · 1916
- Howell v. Howell Stevens v. StevensSupreme Court of Arkansas · 1948
- Bridges v. Arkansas Motor Coaches, Ltd., Inc.Supreme Court of Arkansas · 1974
- McCain, Labor Commissioner v. CollinsSupreme Court of Arkansas · 1942
16 more not listed; retrieve them via the Exa API.