Ex parte Williams
Supreme Court of Arkansas
. - This case: came up by petition for a writ of certiorari, to be directed to 'be Washington Circuit Court, where it was determined in May, 1842, before the Hon. Joseph M. Hooe, one of the circuit judges.
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. - This case: came up by petition for a writ of certiorari, to be directed to 'be Washington Circuit Court, where it was determined in May, 1842, before the Hon. Joseph M. Hooe, one of the circuit judges. Philemon Williams having obtained judgment, before a justice of the peace, against “ The Branch of the Bank of the State of Arkansas, at Fayetteville,” on one of the notes issued at that branch, the Bank of the State presented her.petition to .the circuit court, praying a writ of prohibition, directed to the justice, prohibiting and enjoining him from further proceedings against the branch…
1Opinion of the Court
By the Court,
Dickinson, J.
Writs of prohibition were granted in England, both in the common pleas and king’s bench. Burke's case, Vaugh. 157, 209; Langdale's case, 12 Co. 58, 109. It lay where an inferior court was proceeding without jurisdiction. Pringe vs. Child, Moore 780; Martin vs. Archbishop of Canterbury, And. 258; or where the jurisdiction belonged', properly, to another court; Edwards' case, 13 Co. 9; Case of Prohibition, 12 Co. 76; or when the inferior court transcended its jurisdiction, by holding plea for too large an amount; Coats vs. Suckerman, 1 Ro. 252; or where a plaintiff had…
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