(Download) "Richards v. Maner" by Supreme Court of Arkansas # eBook PDF Kindle ePub Free
eBook details
- Title: Richards v. Maner
- Author : Supreme Court of Arkansas
- Release Date : January 04, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This is an application for a writ of prohibition to prevent the circuit court of Saline County from proceeding to hear a condemnation suit filed by the city of Benton. The city brought the suit to condemn a small strip of petitioners' land for use as a city street. The suit was at first transferred to equity, but on motion by the city the cause was retransferred to law. Petitioners filed a second motion to transfer to equity, which was overruled. The circuit court set the case for trial, and the present petition was then filed. In asking for a writ of prohibition the petitioners rely almost entirely upon our decision in Burton v. Ward, Chancellor, 218 Ark. 253, 236 S.W.2d 65. There, as here, the motion to transfer to equity set forth various grounds for chancery jurisdiction, such as that the proposed taking was arbitrary, capricious, excessive, etc. In the earlier case we issued a writ of mandamus requiring the chancery court to hear the case.