Legal Opinion · Dissent

Pulaski County ex rel. Mears v. Adkisson

Supreme Court of Arkansas

Decided January 9, 1978No. 77-194Published

1DissentJohn A. Fogleman, Justice

Prohibition is an extraordinary and discretionary writ to be used cautiously. Karraz v. Taylor, 259 Ark. 699, 535 S.W. 2d 840. it should be issued by this court only when a trial,‘'court is attempting to act when it clearly has no jurisdiction or authority or is about to act in excess of its jurisdiction. Midwest Lime Co. v. Independence County Chancery Court, 261 Ark. 695, 551 S.W. 2d 537. The party seeking the writ must be clearly entitled to it. Midwest Lime Co. v. Independence Chancery Court, supra. It is to be issued only in cases of pressing necessity. Harris Distributors v. Marlin, 220…

2Cases cited32 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Escobedo v. IllinoisSupreme Court of the United States · 1964

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