Reese v. Steel
Supreme Court of Arkansas
Petition by Reese and others for a writ of prohibition against James S. Steel, Circuit Judge of the Ninth Judicial District.
Read the full summary
Petition by Reese and others for a writ of prohibition against James S. Steel, Circuit Judge of the Ninth Judicial District. The county court is a superior court, and its judgment can not be collaterally attacked. 38 Ark. 157; 53 Ark. 478. It has exclusive jurisdiction over county seat contests. 33 Ark. 192; 43 Ark. 62; 61 Ark. 252; 5 Ark. 21. The prayer of appeal and the order granting it was void. 52 Ark. 99; 47 Ark. 411; 100 111. 484; 51 Ark. 348; Sand. & H. Dig. § § 1264-1266; 61 Ind. 84 A supersedeas does not confer a right to do what a judgment forbids. Elliott, App. Pro. § 391; 6…
1Opinion of the CourtHirr, C. J.
There was a county seat contest in Howard County, and an appeal was taken from the order of the county court declaring that the county seat was removed from Center Point to Nashville and ordering the county records removed to a temporary place at Nashville. The county judge refused to approve a supersedeas bond, not on account of any insufficiency of the sureties, but because die judgment could not thereby be stayed. The parties who had appealed from the order aforesaid filed a petition for mandamus in Howard Circuit Court, praying that the county judge be compelled to approve the supersedeas…
2Cases cited10 opinions
- Willeford v. StateSupreme Court of Arkansas · 1884
- State ex rel. Butler v. WilliamsSupreme Court of Arkansas · 1886
- Hamilton v. Tucker County CourtWest Virginia Supreme Court · 1893
- McCullough v. BlackwellSupreme Court of Arkansas · 1888
- Hudspeth v. StateSupreme Court of Arkansas · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Monette Road Improvement District v. DudleySupreme Court of Arkansas · 1920
- Miller v. TatumSupreme Court of Arkansas · 1926
- Dunbar v. BourlandSupreme Court of Arkansas · 1908
- State v. MartineauSupreme Court of Arkansas · 1921
- McClendon v. WoodSupreme Court of Arkansas · 1916
8 more not listed; retrieve them via the Exa API.