Johnson v. West
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. The writ of certiorari is in the sound discretion of the court, and will not be granted when right of appeal exists or when not in aid of justice. 69 Ark. 518; 52 Id. 213; 44 Id. 509; 113 Am. St. Rep. 432. It is not a writ of right. 6 Cyc. 748-9. 2. Appellee had her remedy by appeal.
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Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. The writ of certiorari is in the sound discretion of the court, and will not be granted when right of appeal exists or when not in aid of justice. 69 Ark. 518; 52 Id. 213; 44 Id. 509; 113 Am. St. Rep. 432. It is not a writ of right. 6 Cyc. 748-9. 2. Appellee had her remedy by appeal. Certiorari does not lie to correct mere errors that may be corrected by appeal. 39 Ark. 347; 39 Id. 399; 43 Id. 33; 25 Id. 476, 518; 37 Id. 318; 23 Id. no. 3. Appellee should not be heard now to raise jurisdictional questions. She had her…
1Opinion of the CourtBattle, J.
On the 31st day of January, 1907, Henry W. Johnson and two hundred and forty other persons filed in the Independence County Court a petition as follows:
“In the Independence County Court.
“To the Hon. S. B. Wycough, County Judge:
“We, your petitioners and citizens of the county of Independence and State of Arkansas, would most respectfully ask the court to grant such orders and have same entered of record for the opening of a new road in said county as follows, to-wit: (Here follows the description of the road).
“We believe .that the opening of said road is needed for the public travel and will…
2Cases cited1 opinion
- Dunlap v. Toledo, Ann Arbor & Grand Trunk Railway Co.Michigan Supreme Court · 1881
3Cited by17 opinions
- Rockefeller v. HogueSupreme Court of Arkansas · 1968
- State Ex Rel. Gardner v. HallSupreme Court of Missouri · 1920
- Hill v. McClintockSupreme Court of Arkansas · 1928
- Kenyon v. GregorySupreme Court of Arkansas · 1917
- City of Bessemer v. GoodwynSupreme Court of Alabama · 1940
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