Payne v. McCabe
Supreme Court of Arkansas
WRIT OF CERTIORARI to Pulashi Chancery Court. ■Hon. D. W. Carroll, Chancellor. STATEMENT. This was a petition to this court by W. R. F. Payne for a writ of certiorari, to bring up the record of a cause in the Pulaski Chancery Court, in which M. D. McCabe was plaintiff, and petitioner was defendant, to the end that an order ■•of that court in said cause might be quashed.
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WRIT OF CERTIORARI to Pulashi Chancery Court. ■Hon. D. W. Carroll, Chancellor. STATEMENT. This was a petition to this court by W. R. F. Payne for a writ of certiorari, to bring up the record of a cause in the Pulaski Chancery Court, in which M. D. McCabe was plaintiff, and petitioner was defendant, to the end that an order ■•of that court in said cause might be quashed. Upon the statements of the petition the writ was ordered as prayed for, and the record of the cause has been removed into this court, from which it appears, that on the first of December, 1880, McCabe filed in the Pulaski…
1Opinion of the Court
OPINION.
Eakin, J.
The writ was allowed to go, in this case, not-without considerable doubt in the mind of the court as to-its propriety, but in order that the matter might be more intelligently decided upon the return of the transcript and. argument of counsel.
The offices and functions of the common law writ of certiorari, which issued in England from the King’s Bench, or out of Chancery, to supervise the action of inferior-courts and quasi judicial tribunals, have been much contracted in the American States by Constitutional provisions and Statutes defining the jurisdictions of the several…
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