Springfield v. Fulk
Supreme Court of Arkansas
Mandamus to Pulaski Circuit Court; F. Guy Fulk, Judge; Kirby’s Digest, § 6225, settles the duties of the trial judge with reference to signing the bill of exceptions. If the bill of exceptions presented is true, he must allow and sign it; if not true, it is his duty to correct it, or cause it to be corrected, and sign it.
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Mandamus to Pulaski Circuit Court; F. Guy Fulk, Judge; Kirby’s Digest, § 6225, settles the duties of the trial judge with reference to signing the bill of exceptions. If the bill of exceptions presented is true, he must allow and sign it; if not true, it is his duty to correct it, or cause it to be corrected, and sign it. Upon his failure to perform this duty when a bill of exceptions is presented within the time required by law or the order of the court, mandamus will lie to compel him to do so. 3 Cyc. 24; Id. 47, note 30; 35 Ark. 568; 129 111. 777. When the bill of exceptions is presented…
1Opinion of the CourtMcCulloch, C. J.
Petitioners have appealed from an adverse judgment of the circuit court of Pulaski County in the matter of the contest of the will of J. P. Steen, deceased, and they now seek a mandamus requiring the Honorable Guy Fulk, judge of said court, before whom the case was tried, to sign a bill of exceptions. The motion for new trial was overruled by the circuit court on February 25, 1910, and an order was entered giving ninety days from that date within which to prepare and file their bill of exceptions. The time expired therefore on May 27, 1910.
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2Cases cited9 opinions
- West Chicago Street Railroad v. Morrison, Adams & Allen Co.Illinois Supreme Court · 1896
- Davis v. PatrickSupreme Court of the United States · 1887
- Cochrane v. LittleCourt of Appeals of Maryland · 1889
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- Stinson v. ShaferSupreme Court of Arkansas · 1893
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3Cited by10 opinions
- Pearson v. StateSupreme Court of Arkansas · 1915
- Caughron v. StateSupreme Court of Arkansas · 1911
- Chandler v. StateSupreme Court of Arkansas · 1943
- Madison County v. MaplesSupreme Court of Arkansas · 1912
- Elvins v. MorrowSupreme Court of Arkansas · 1942
5 more not listed; retrieve them via the Exa API.