McDaniel v. Coleman
Supreme Court of Arkansas
Error to White Circuit Court. The Hon. B. H. Neely, Circuit Judge, presiding. A magistrate’s court is a court of limited jurisdiction. but to the extent of that limit, its jurisdiction is •co-extensive with that of the Circuit Court. It has all the powers, to the extent of its jurisdiction, conferred upon the Circuit Court, among which is the discretionary power of granting a new trial. Const.
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Error to White Circuit Court. The Hon. B. H. Neely, Circuit Judge, presiding. A magistrate’s court is a court of limited jurisdiction. but to the extent of that limit, its jurisdiction is •co-extensive with that of the Circuit Court. It has all the powers, to the extent of its jurisdiction, conferred upon the Circuit Court, among which is the discretionary power of granting a new trial. Const. Arks., Art. 6, sec. 15, Dig. ch. Sé, page 254. A justice’s court, under our system of. laws is the lowest court known to the law. A justice of the peace has no power or authority to proceed in a cause,…
1Opinion of the CourtChief Justice Waticins
Coleman applied to the White Circuit Court for a rule upon McDaniel to show cause why a mandamus should not be awarded to compel him to issue execution upon a judgment which, the petitioner alleged, he had obtained against one Walter, on the trial had before McDaniel, as a justice of the peace, of a suit in which the petitioner was plaintiff and Walker was defendant, on the 6th day of September, 1851, to which day the summons issued by the justice in that suit and which had been duly served on Walker was returnable. The magistrate, in his response, admitting that he had rendered such…
2Cases cited3 opinions
- More v. WoodruffSupreme Court of Arkansas · 1843
- Helmich v. JohnsonSupreme Court of Iowa · 1841
- Holton v. GreenwellCourt of Appeals of Kentucky · 1836
3Cited by1 opinion
- Rankin v. SchofieldSupreme Court of Arkansas · 1905