Fortenberry v. Frazier
Supreme Court of Arkansas
-This cause was diposed of in the Independence Circuit Court, in June, 1842, before the Hon. Thomas Johnson, one of the circuit judges. It had been previously before this Court, 4 Ark., when the judgment of the Independence Circuit Court was declared void, on the ground that the venue had before been, by order of that Court, changed to Yan Burén county, and the papers transmitted, abut returned for a perfect transcript.
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-This cause was diposed of in the Independence Circuit Court, in June, 1842, before the Hon. Thomas Johnson, one of the circuit judges. It had been previously before this Court, 4 Ark., when the judgment of the Independence Circuit Court was declared void, on the ground that the venue had before been, by order of that Court, changed to Yan Burén county, and the papers transmitted, abut returned for a perfect transcript. This Court accordingly remanded the case, with a mandate that it be proceeded in agreeably to law, and consistently with the opinion. When the mandate was presented to the…
1Opinion of the Court
By the Court,
Ringo, C. J.
Before we proceed to consider tbe matter presented by the transcript of the record before us, wé think proper to state our opinion of the course which the law prescribes for this Court to pursue where it has adjudicated upon a case brought within its appellate jurisdiction, as well as that w(hich the Court, whose adjudication has been thus revised, is bound to observe.
Appellate power is exercised by the Supreme Court over the proceedings of inferior courts — not by the latter on those of the former. The Supreme Court, except where bills of review, in cases in equity,…
2Cases cited2 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Boyce's Executors v. GrundySupreme Court of the United States · 1835
3Cited by46 opinions
- Lake View School District No. 25 v. HuckabeeSupreme Court of Arkansas · 2002
- Ferguson v. GreenSupreme Court of Arkansas · 1979
- Linder v. LinderSupreme Court of Arkansas · 2002
- Standridge v. StandridgeSupreme Court of Arkansas · 1991
- Cadillac Cowboy, Inc. v. JacksonSupreme Court of Arkansas · 2002
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