Strangways v. Ringgold
| Decision Date | 03 February 1913 |
| Parties | STRANGWAYS v. RINGGOLD |
| Court | Arkansas Supreme Court |
Certiorari to Lonoke Circuit Court; Eugene Lankford, Judge affirmed.
Prayer of petition for writ of certiorari denied, and judgment affirmed.
Trimble Robinson & Trimble and J. A. Watkins, for petitioner.
If the allegation in the application for the restraining order that the judgment of the county court is self-executing is true the circuit court was probably correct in issuing the order, but if it is not true, the order was erroneous. We think the case of Reese v. Steel, 73 Ark. 66, is decisive of this case against respondent's contention.
G. W. Hendricks, on the brief, and T. E. Hendricks, in oral argument, for respondent.
The circuit court has the right and the power conferred on it by the Constitution and the statutes, to issue a restraining order under the conditions and circumstances prevailing in this case. Art. 7, § 14, Const.; Kirby's Dig. §§ 1314, 1317, 1318, 1319, 1523. And Reese v. Steel, 73 Ark. 66, sustains respondent's contention.
The county court of Lonoke County made an order, pursuant to the statutes of the State concerning the organization of drainage districts and proceedings thereunder, establishing the Jack Bayou Drainage District. The petitioners herein were appointed commissioners of the district. The respondent, T. G. Ringgold, who is a land owner in the district, appealed to the circuit court from the order of the county court establishing the district, and the appeal was granted under the section of the statute which provides that "any owner of real property within the district may appeal from said judgment within twenty days after the same has been made." Act 1911, page 196. After the transcript of the county court proceedings had been lodged in the office of the clerk of the circuit court, respondent presented to the circuit judge in vacation his petition praying that an order be made restraining the commissioners, during the pendency of the appeal, from taking any further steps in the organization of such drainage district; and on hearing of the petition the circuit judge made an order in accordance with the prayer thereof. The commissioners have brought the record here by certiorari for review.
They insist that the circuit judge had no power to make said order and that the same is void.
The question presented here is, not whether the order was improvidently made, but whether it is void for want of jurisdiction.
No authority is given in the drainage statute for superseding a judgment of the county court pending an appeal to the circuit court, and the general statutes regulating supersedeas on appeal from judgments and orders of county courts do not apply to judgments of this character, for the reason that the kind of bond provided is not applicable. Reese v Steele, 73 Ark. 66, 83 S.W. 335. If authority exists at all it must be found in the general powers of the circuit court, or the judge thereof, to direct a stay of proceedings in order to preserve...
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Etna Cas. & Sur. Co. Of Hartford v. Bd. Of Sup'rs Of Warren County
...or order, as well as one which is not self-executing, may be stayed or suspended by the court rendering it.14 Strangways v. Ringgold, 106 Ark. 433, 435, 153 S. W. 619; Genet v. President, etc., of Delaware & H. Canal Co., 113 N. Y. 472, 21 N. E. 390; City of Cincinnati v. Cincinnati, etc., ......
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Aetna Casualty Co. v. Supervisors
...decree or order, as well as one which is not self-executing, may be stayed or suspended by the court rendering it.14 Strangways Ringgold, 106 Ark. 433, 435, 153 S.W. 619; Genet President, etc., of Delaware & H. Canal Co., 113 N.Y. 472, 21 N.E. 390; City of Cincinnati Cincinnati, etc., Ry. C......
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Bowen v. Lovewell
...court. The judgment under section 2862, Kirby's Digest, is self-executing and as such is not subject to stay or supersedeas. 106 Ark. 433; 153 S.W. 619. It was not given in pursuance to any order of court. The was executed in the county court. It was an ordinary appeal bond, and the suretie......
- Strangways v. Ringgold