Ex parte Baldwin
Supreme Court of Arkansas
Petition for Certiorari; An order of adjournment made by the court in these words: “Ordered that court adjourn until .... ” and signed by the judge, is a final ¡adjournment of the term of court then in 'session. No order thereafter made by the judge adjourning the court to a day certain can give life to the term so previously adjourned, 'and ¡any proceedings had in said court iso ¡adjourned the second time to a day certain is coram non judice and void.
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Petition for Certiorari; An order of adjournment made by the court in these words: “Ordered that court adjourn until .... ” and signed by the judge, is a final ¡adjournment of the term of court then in 'session. No order thereafter made by the judge adjourning the court to a day certain can give life to the term so previously adjourned, 'and ¡any proceedings had in said court iso ¡adjourned the second time to a day certain is coram non judice and void. Kirby’s Dig., § § 1527,1531; 82 Ark. 192; 81 Ark. 311; 20 Ark 77; 27 Ark. 353; 37 Ark. 379; 2 Ark. 229; 62 Tex. 185; 7 ¡S. Car. 372; 22 S.…
1Opinion of the Court
■MoCullooh, C. J.
The petitioners were convicted of a crime constituting a felony in the circuit court of Sevier county, iand they bring the record here on certiorari to test the validity of the proceeding, it being contended that the-adjourned term of court at .which the judgment of the conviction was rendered was illegally held. The basis of this contention is that there was no proper adjournment of the court over to the day for the special adjourned term.
The Sevier circuit court convened in regular session on the day specified by statute in January, 1915, and remained continuously in…
2Cases cited3 opinions
- Bowen v. StewartIndiana Supreme Court · 1891
- McVay v. StateSupreme Court of Arkansas · 1912
- Roberts & Scheffer Co. v. JonesSupreme Court of Arkansas · 1907
3Cited by6 opinions
- State ex rel. Hall v. Canal Construction Co.Supreme Court of Arkansas · 1918
- Bollinger v. Ark. State Highway CommissionSupreme Court of Arkansas · 1958
- Light v. SelfSupreme Court of Arkansas · 1919
- Puckett v. GlendenningSupreme Court of Arkansas · 1918
- Light v. SelfSupreme Court of Arkansas · 1919
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