Smith v. Carter
Supreme Court of Arkansas
Petition for mandamus. STATEMENT OE EACTS. The petitioner asks a mandamus from this court to compel respondent, Judge of the Eighth Judicial Circuit, to cause the circuit clerk to reinstate on the common law docket case No. 1090, wherein petitioner was plaintiff and the Texas & Pacific Railway Company was defendant, and to compel the respondent, as circuit judge, to proceed to try said cause anew.
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Petition for mandamus. STATEMENT OE EACTS. The petitioner asks a mandamus from this court to compel respondent, Judge of the Eighth Judicial Circuit, to cause the circuit clerk to reinstate on the common law docket case No. 1090, wherein petitioner was plaintiff and the Texas & Pacific Railway Company was defendant, and to compel the respondent, as circuit judge, to proceed to try said cause anew. The facts upon which petitioner asks the writ are substantially as follows: On March 25, 1908, petitioner brought suit against the Texas & Pacific Railway Company and recovered a judgment against it…
1Opinion of the CourtWood, J.
(after stating the facts). The respondent, the circuit judge of the Eighth Circuit, did not refuse to entertain petitioner’s motion to reinstate, but, on the contrary, heard the same, and entered a judgment refusing the prayer of the petition and dismissing it. The petitioner excepted to the ruling of the court, and he had his remedy, if the circuit court erred in its judgment, by appeal to this court, but he can not have this court review the judgment of the circuit court for error in that proceeding, and for relief against it by a writ of mandamus..
“A writ of mandamus indeed can not be used…
2Cases cited4 opinions
- In Re GrossmayerSupreme Court of the United States · 1900
- Gilbert v. ShaverSupreme Court of Arkansas · 1909
- Automatic Weighing Co. v. CarterSupreme Court of Arkansas · 1910
- Goings v. MillsSupreme Court of Arkansas · 1837
3Cited by1 opinion
- Burks v. MobleySupreme Court of Arkansas · 1968