Horn v. Baker
Supreme Court of Arkansas
Prohibition to Baxter Circuit Court; J. B. Balcer, Judge; 1. Act No. 48 as amended by Act 103, Acts 1919, named the county court as being the arbiter and gave it power to approve or disapprove the plans of the commissioners and provided for no appeal to the circuit court. The approval or disapproval by the county court was in no sense litigation nor was it an adversary proceeding. It was purely a matter of local concern of administration and legislation.
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Prohibition to Baxter Circuit Court; J. B. Balcer, Judge; 1. Act No. 48 as amended by Act 103, Acts 1919, named the county court as being the arbiter and gave it power to approve or disapprove the plans of the commissioners and provided for no appeal to the circuit court. The approval or disapproval by the county court was in no sense litigation nor was it an adversary proceeding. It was purely a matter of local concern of administration and legislation. The action of the county court was final and the circuit court had no jurisdiction. The circuit court’s judgment has not been carried into…
1Opinion of the CourtSmith, J.
This is an application for a writ of prohibition to restrain the circuit court of Baxter County from exercising an alleged unlawful and excessive jurisdiction in relation to the approval of the plans formulated by Road Improvement District No. 1 of Baxter County and filed with the county court for approval. The county court refused to approve the same and an appeal was taken to the circuit court. When the cause came on for hearing in the circuit court, the relators herein filed their motion to dismiss the appeal because the circuit court had no jurisdiction, on the ground that the matter was…
2Cases cited4 opinions
- Russell v. JacowaySupreme Court of Arkansas · 1878
- Dodson v. Mayor & Town CouncilSupreme Court of Arkansas · 1878
- Huddleston v. CoffmanSupreme Court of Arkansas · 1909
- Shemwell v. FinleySupreme Court of Arkansas · 1910
3Cited by3 opinions
- St. Louis Southwestern Ry. Co. v. Commissioners of Road Improvement Dist. No. 2Court of Appeals for the Eighth Circuit · 1920
- Williamson v. KilloughSupreme Court of Arkansas · 1932
- Barker v. WistSupreme Court of Arkansas · 1924