Legal Opinion

Salem v. Colley

Supreme Court of Arkansas

Decided January 4, 1901PublishedCited by 5 opinions

Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. STATEMENT BY THE COURT. On the 9th day of November, 1899, Tom Colley struck J. F. Hudson in the town of Salem in the Greenwood district of Sebastian county. On the same day Hudson made affidavit before one Strozier, a justice of the peace of Prairie township, in Sebastian county, charging Colley with “aggravated assault and battery."

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Appeal from Sebastian Circuit Court, Greenwood District. Styles T. Rowe, Judge. STATEMENT BY THE COURT. On the 9th day of November, 1899, Tom Colley struck J. F. Hudson in the town of Salem in the Greenwood district of Sebastian county. On the same day Hudson made affidavit before one Strozier, a justice of the peace of Prairie township, in Sebastian county, charging Colley with “aggravated assault and battery." A warrant was issued by Justice Strozier and placed in the hands of one J. J. McAlister, who was not the constable, and not sworn, but was appointed by the justice to serve the…

1Opinion of the Court

Wood, J.,

(after stating the facts.) Section 1125, Sand. & H. Dig., is as follows: “They (circuit courts) shall have power to issue writs of certiorari to any officer or board of officers, or any inferior tribunal of their respective counties, to correct any erroneous or void proceeding, and to hear and determine the same,” etc. The act of March 18, 1899, amended this section by inserting the words “city or town council” after the word “officers.” The amendment did not change the rule of procedure for the correction of mere errors or irregixlaritieS in judicial proceedings. That must still be…

2Cases cited4 opinions

  1. State v. DeversSupreme Court of Arkansas · 1879
  2. Bradley v. StateSupreme Court of Arkansas · 1878
  3. St. L., I. M. & S. Railway Co. v. BarnesSupreme Court of Arkansas · 1879
  4. Estes v. MartinSupreme Court of Arkansas · 1879

3Cited by5 opinions

  1. Doss v. TaylorSupreme Court of Arkansas · 1968
  2. Wright v. LecroySupreme Court of Arkansas · 1931
  3. Smith v. SpradlinSupreme Court of Arkansas · 1918
  4. Morgan v. HessSupreme Court of Arkansas · 1946
  5. Steadman v. StateSupreme Court of Arkansas · 1910

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