Allen v. Sellers
Supreme Court of Arkansas
Prohibition to Perry Chancery Court; Jordan Sellers, Chancellor; Prohibition- lies, and the writ should issue to the chancery court. It is the only remedy where courts are proceeding without jurisdiction. 26 Ark. 51; 27 Id. 675'; 33 Id. 191; 39 Id. 211. The chancery court is without jurisdiction, and plaintiffs in the court below have an adequate remedy at law.
Read the full summary
Prohibition to Perry Chancery Court; Jordan Sellers, Chancellor; Prohibition- lies, and the writ should issue to the chancery court. It is the only remedy where courts are proceeding without jurisdiction. 26 Ark. 51; 27 Id. 675'; 33 Id. 191; 39 Id. 211. The chancery court is without jurisdiction, and plaintiffs in the court below have an adequate remedy at law. Article 7, section 33, Constitution; Kirby’s Digest, § 1487; 75 Ark. 512; 73 Id. 70; 43 Id. 63; 75 Id. 511; 96 Id. 468; 93 Id. 269; 81 Id. 51; 48 Id. 331, 510; 88 Id. 160. No action is pending in the circuit court for which to invoke…
1Opinion of the CourtMcCulloch, C. J.
This proceeding arises on a petition for writ of prohibition to the chancellor of the Ninth District of Arkansas, presiding over the chancery court of Perry County. It is sought to prohibit the chancellor from proceeding further in a cause pending in the chancery court of Perry County wherein the petitioners are defendants and in which a temporary restraining order has been issued by the chancellor against them.
The following are the material facts of the case as they appear from the petition and response: A road improvement district designated as Road Improvement District No. 1 of Perry…
2Cases cited2 opinions
- Rhodes v. DriverSupreme Court of Arkansas · 1901
- Inland Construction Co. v. RectorSupreme Court of Arkansas · 1918
3Cited by4 opinions
- Davis v. WilsonSupreme Court of Arkansas · 1931
- Sheffield v. HeslepSupreme Court of Arkansas · 1944
- Lockard v. WisemanWest Virginia Supreme Court · 1954
- Mills v. PattonSupreme Court of Arkansas · 1961