State v. Clay County
Supreme Court of Arkansas
Quo warranto; 1. Power to issue, hear and determine the writ of quo warranto in the exercise of original jurisdiction is conferred upon this court by sec. 4, art. 7 of the Constitution.
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Quo warranto; 1. Power to issue, hear and determine the writ of quo warranto in the exercise of original jurisdiction is conferred upon this court by sec. 4, art. 7 of the Constitution. If it was the intention to confer upon the Supreme Court power to issue the writs enumerated in this section only in aid of its appellate jurisdiction, then the writ of quo warranto should not have been mentioned in said section, ic being “in no- sense a writ of correction or revision.” 59 S. W. 118; 2 Spelling on Injunctions (2 Ed.), § 1773. The circuit court is the proper tribunal in which to apply for the…
1Opinion of the CourtHart, J.
This case invokes the original jurisdiction of this court. It is an application by the Attorney General in the nature of an information by the State against the officers of Clay County to test their right to exercise jurisdiction over certain described territory. The petition alleges that said officers and their predecessors in office since April 30, 1895, have unlawfully and wrongfully assumed jurisdiction over said territory, which it is alleged lies without the limits of Clay County, Arkansas, and within the limits of Greene County, Arkansas.
The defendants demurred to the petition.
It is…
2Cases cited4 opinions
- State v. LeathermanSupreme Court of Arkansas · 1881
- Ex parte Batesville & Brinkley RailroadSupreme Court of Arkansas · 1882
- Payne v. McCabeSupreme Court of Arkansas · 1881
- Massey-Herndon Shoe Co. v. PowellSupreme Court of Arkansas · 1897
3Cited by3 opinions
- State ex rel. Little Rock v. DonagheySupreme Court of Arkansas · 1912
- Spence & Dudley v. Clay CountySupreme Court of Arkansas · 1916
- Kirk v. HighSupreme Court of Arkansas · 1925