Re Owens

Supreme Court of Arkansas

Re Owens

38 S.W. 1116, 63 Ark. 403, 1897 Ark. LEXIS 119

DecidedJanuary 30, 1897

StatusPublished

This text of 38 S.W. 1116 (Re Owens) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Re Owens, 38 S.W. 1116, 63 Ark. 403, 1897 Ark. LEXIS 119 (Ark. 1897).

Pincite

Opinion

Wood, J.,

(after stating the facts.) The court had •no jurisdiction of the subject-matter. The proceedings in the court below could neither be styled a civil action nor a special proceeding. Sand. & H. Dig., secs, 5602, 5603. No one had brought suit or instituted proceedings to annul the contract entered into between J. H. Hicks -and appellant. The court was without power to make the order upon its own motion. See Ex parte Cohen, 6 Cal. 318.

Reversed.

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Wood, J.,

(after stating the facts.) The court had •no jurisdiction of the subject-matter. The proceedings in the court below could neither be styled a civil action nor a special proceeding. Sand. & H. Dig., secs, 5602, 5603. No one had brought suit or instituted proceedings to annul the contract entered into between J. H. Hicks -and appellant. The court was without power to make the order upon its own motion. See Ex parte Cohen, 6 Cal. 318.

Reversed.

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Bluebook (online)

38 S.W. 1116, 63 Ark. 403, 1897 Ark. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/re-owens-ark-1897.

Opinion

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