Wyatt v. Burr
Supreme Court of Arkansas
Appeal from Searcy Circuit Court. Hon. Richard H. Powell, Circuit Judge. If the judgment of the prohate court ivas erroneous, the appellee could appeal. A writ of certiorari will not lie to, correct error in the proceedings of inferior courts, which could have been corrected on appeal.
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Appeal from Searcy Circuit Court. Hon. Richard H. Powell, Circuit Judge. If the judgment of the prohate court ivas erroneous, the appellee could appeal. A writ of certiorari will not lie to, correct error in the proceedings of inferior courts, which could have been corrected on appeal. See Allston, ex parte, 17 Ark., 580. The probate court being a court of record, all presumptions are in its favor. 18 Ark., 600; 6 Big., 519; Lenox v. Like, 2 Ark., 14; and if, upon the whole record, the judgment of the probate court appears to be correct, its action will be sustained. 19 Ark., 96; ib., 677;…
1Opinion of the Court
Wilshire, O. J.
It appears from the transcript, in .this case, that, on the 7th day of February, 1868, E. T. Burr presented a petition to the judge of Searcy circuit court in vacation, for a writ of certiorari, alleging, substantially, that lie was the legal and equitable owner of a demand against the estate of John M. Hensley, deceased; that W. A. Wyatt and John W. Hensley were the administrators' of said estatethat petitioner, on or about the 20th day of September, 1866, made affidavit to the justness of said demand, as required by law, and, for the purpose of presenting the same to the…
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