Pine Bluff Water & Light Co. v. City of Pine Bluff
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Johm M. EJeeiott, Judge. The-Pine Bluff Water & Light Company filed a petition for certiorari to quash an ordinance of the city of Pine Bluff.
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Appeal from Jefferson Circuit Court. Johm M. EJeeiott, Judge. The-Pine Bluff Water & Light Company filed a petition for certiorari to quash an ordinance of the city of Pine Bluff. The petition alleged that the plaintiff was, under an ordinance of January 17, 1887, granted a franchise to lay its mains in the city of Pine Bluff, with authority to repair and make connections of the same; that it is necessary to excavate the street for the purpose of making repairs and connections; that the company built its works under the franchise granted it by the city, and continued to make repairs and…
1Opinion of the CourtBattle, J.
Does the writ of certiorari lie to review the ordinance of the city of Pine Bluff which is in question in this proceeding?
At common law, the writ lies only to review the judicial action of inferior courts, or of public officers or bodies. When the action of the officers or public bodies is purely legislative, executive, and administrative, although it involves the exercise of discretion, it is not reviewable on certiorari. * But it is not essential that the officers or bodies to whom it lies shall constitute a court, or that their proceedings, to be reviewable by the'writ, should be strictly…
2Cases cited18 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- People Ex Rel. Corwin v. . WalterNew York Court of Appeals · 1877
- State ex rel. Moreland v. WhitfordWisconsin Supreme Court · 1882
- Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
- Orr v. State Board of EqualizationIdaho Supreme Court · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Monette Road Improvement District v. DudleySupreme Court of Arkansas · 1920
- Hall v. BledsoeSupreme Court of Arkansas · 1916
- Jones v. ReedSupreme Court of Arkansas · 1979
- McConnell v. Arkansas Brick & Manufacturing Co.Supreme Court of Arkansas · 1902
- McCain, Labor Commissioner v. CollinsSupreme Court of Arkansas · 1942
16 more not listed; retrieve them via the Exa API.