Redmond v. Anderson
Supreme Court of Arkansas
Appeal from the Circuit Court of Monroe county. The Circuit Court has jurisdiction by writ of certiorari, (Car-nail vs. Crawford co., 6 Eng. 616; 7 Eng. 84;) though an appeal lay from the judgment of the Probate Court — the petitioners having suffered substantial injustice, and having lost their remedy by appeal without any laches of their own, they being minors. (15 Ark. 49; 1 Salk. 147; 2 Burr. 1040; 8 T. R. 544; 14 m. 35.) The Probate Court had no jurisdiction.
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Appeal from the Circuit Court of Monroe county. The Circuit Court has jurisdiction by writ of certiorari, (Car-nail vs. Crawford co., 6 Eng. 616; 7 Eng. 84;) though an appeal lay from the judgment of the Probate Court — the petitioners having suffered substantial injustice, and having lost their remedy by appeal without any laches of their own, they being minors. (15 Ark. 49; 1 Salk. 147; 2 Burr. 1040; 8 T. R. 544; 14 m. 35.) The Probate Court had no jurisdiction. Moss vs. Sandefur ex., 15 Ark. 351. The attempt to procure a confirmation of the sale by the Probate Court, was a fraud on its…
1Opinion of the CourtJustice Scott
Upon a sworn petition of the appellant to the Judge in vacation, a writ of certiorari was ordered in this case, which seems to have been regularly issued by the clerk of the Circuit Court, to the clerk of the Probate Court of Monroe county.
From an endorsement upon the writ, it appears that the sheriff of Monroe county, on the 28th of March, read it to one Edward A. Vance, in his presence and hearing. There is nothing in this inconsistent with the idea that the writ, nevertheless, may have gone into the hands of the clerk of the Probate Court, to whom it was sent, to be returned into the…
2Cited by5 opinions
- Brown v. Kennedy Well Works, Inc.Supreme Court of Arkansas · 1990
- Dicus v. BrightSupreme Court of Arkansas · 1861
- Hunter v. EddyMontana Supreme Court · 1891
- Andrews v. GoffSupreme Court of Rhode Island · 1891
- McLeod, Comm. of Revenues v. MabrySupreme Court of Arkansas · 1944