Levy v. Inglish
Supreme Court of Arkansas
On the application of Jonas Levy, a writ of mandamus issued out of this Court, to William K. Inglish, a Justice of the Peace for Big Rock township, in the county of Pulaski, reciting, in substance, that, on the first day of November, 1841, Inglish rendered judgment in favor of Washington Noel, against Levy, for thirty-six dollars, upon tbe verdict of a jury then given for that amount, upon a trial had before him, and for costs of suit; that Levy then and there prayed an…
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On the application of Jonas Levy, a writ of mandamus issued out of this Court, to William K. Inglish, a Justice of the Peace for Big Rock township, in the county of Pulaski, reciting, in substance, that, on the first day of November, 1841, Inglish rendered judgment in favor of Washington Noel, against Levy, for thirty-six dollars, upon tbe verdict of a jury then given for that amount, upon a trial had before him, and for costs of suit; that Levy then and there prayed an appeal to the next term of the Circuit Court of'Pulaski county, and, on the fourth day of November then following, renewed…
1Opinion of the Court
By the Court,
Ringo, C. J.
If the facts set forth in a writ of mandamus, do not show a legal title in- the relator1 to the right claimed, it may be quashed; but unless it is quashed, the defendant is bound to return it, and to set forth, in his return, either a positive and direct denial of the truth of the facts stated in the writ on which the claim of the relator is founded, or to state other facts, sufficient in law to defeat the'right claimed by the relator. The Court having determined upon the application for the writ, and previously to awarding it, that the facts stated in it are prima…
2Cases cited1 opinion
- Tompkins v. SandsNew York Supreme Court · 1832
3Cited by3 opinions
- Biscoe v. ByrdSupreme Court of Arkansas · 1855
- Church v. United States ex rel. Fidelity & Deposit Co.Court of Appeals for the D.C. Circuit · 1898
- Miller v. Heard & Co.Supreme Court of Arkansas · 1845