Legal Opinion

State ex rel. Arkansas Industrial Co. v. Neel

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 23 opinions

CERTIORARI to Pulaski Chancery Court. Hon. I). W. Carroll, Chancellor. Counsel beg leave to refer to the following cases: Goode et al., ex. parte,. 19 Ark., 410; Ruffen’s Case, 21 Grattan, 790; sees. 4884 and 4890, Mansf. Dig.; Milligan v. Children’s Home, 97 hid., 355; Rober’s case, 15 Ark.; Kittrel, ex parte, 20 Ark., 504. The writ of habeas corpus cannot be used for the purpose attempted in this cause, to settle property rights.

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CERTIORARI to Pulaski Chancery Court. Hon. I). W. Carroll, Chancellor. Counsel beg leave to refer to the following cases: Goode et al., ex. parte,. 19 Ark., 410; Ruffen’s Case, 21 Grattan, 790; sees. 4884 and 4890, Mansf. Dig.; Milligan v. Children’s Home, 97 hid., 355; Rober’s case, 15 Ark.; Kittrel, ex parte, 20 Ark., 504. The writ of habeas corpus cannot be used for the purpose attempted in this cause, to settle property rights. While the writ is, ordinarily, one of right, it is not a writ that must be issued of course. Church on Habeas Corpus, 94- Petitioners remedy is by appeal. 37 Ark.,…

1Opinion of the Court

Battle, J..On the 16th of January, 1887, the Arkansas Industrial Company presented a petition to this court, alleging therein, among other things, that on the 10th day of January, 1887, it presented to the Pulaski chancery court its petition, in which it set forth and showed the following facts : That in 1883 the state of Arkansas, for a valuable consideration, made and executed to Townsend & Fitzpatrick a lease of the state penitentiary, together with the custody, use and control of all the convicts therein confined, for a period of ten years. That, for a valuable consideration Townsend &…

2Cases cited8 opinions

  1. Ex Parte SieboldSupreme Court of the United States · 1880
  2. Ex Parte YarbroughSupreme Court of the United States · 1884
  3. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  4. Ex Parte YergerSupreme Court of the United States · 1869
  5. Ex Parte WellsSupreme Court of the United States · 1856

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3Cited by23 opinions

  1. Hobbs v. GordonSupreme Court of Arkansas · 2014
  2. Ex parte BylesSupreme Court of Arkansas · 1910
  3. Ex parte DeedsSupreme Court of Arkansas · 1905
  4. State v. MartineauSupreme Court of Arkansas · 1921
  5. Berry v. HallSupreme Court of Arkansas · 1960

18 more not listed; retrieve them via the Exa API.

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