Steadman v. State
Supreme Court of Arkansas
Certiorari to Union Circuit Court; George W. Hays, Judge; The owner of the 'horse having died .before the, trial, the court was without authority to assess the statutory damages against appellant in favor of the owner of the horse. 23 Ark. 152; 56 Ark. 324; 11 111. 211; 32 111. App. 226; 6 Mo. App.
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Certiorari to Union Circuit Court; George W. Hays, Judge; The owner of the 'horse having died .before the, trial, the court was without authority to assess the statutory damages against appellant in favor of the owner of the horse. 23 Ark. 152; 56 Ark. 324; 11 111. 211; 32 111. App. 226; 6 Mo. App. I35l 39 Ark. 104; 51 Ark. 83. The right to enter judgment for the penalty abated at the death of the owner. 1 Cyc. 47, 48, note 51; Id. 50; 41 Ark. 295. Certiorari does not lie in this case. 73 Ark. 606; 61 Ark: 605; 62 Ark. 196; 39 Ark. 347; Id. 399; 69 Ark. 587; 37 Ark. 318; 56 Ark. 80; 70 Ark.…
1Opinion of the CourtWood, J.
The question presented by this petition is whether a judgment rendered in favor of a plaintiff whose death, according to the evidence in the bill of exceptions, occurred before the trial, can be reversed and set aside on certiorari.
Certiorari will not lie to correct errors or irregularities that could have been corrected on appeal. Reese v. Cannon, 73 Ark. 606; Salem v. Colley, 70 Ark. 71; Grinstead v. Wilson, 69 Ark. 587; Pine Bluff, etc., Co. v. Pine Bluff, 62 Ark. 196; Sumerow v. Johnson, 56 Ark. 85; Pettigrew v. Washington County, 43 Ark. 33; Haynes v. Semmes, 39 Ark. 399; Baskins v.…
2Cases cited8 opinions
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
- Pine Bluff Water & Light Co. v. City of Pine BluffSupreme Court of Arkansas · 1896
- Baskins v. WyldsSupreme Court of Arkansas · 1882
- Payne v. McCabeSupreme Court of Arkansas · 1881
- Grinstead v. WilsonSupreme Court of Arkansas · 1901
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3Cited by1 opinion
- Hicks v. LightSupreme Court of Arkansas · 1958