Reilly v. Tyng

Arizona Supreme Court

Reilly v. Tyng

1 Ariz. 510

CourtArizona Supreme Court

DecidedJanuary 15, 1878

StatusPublished

Cited by4 cases

This text of 1 Ariz. 510 (Reilly v. Tyng) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reilly v. Tyng, 1 Ariz. 510 (Ark. 1878).

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Opinion

By Court,

Ebenoh, 0. J.:

The order in this case was erroneously made, and the writ thereon improperly issued. Proc. in Oiv. Cas., secs. [511]*511458, 464. No grounds whatever existed for the order or writ. This writ issues only when excess of jurisdiction has occurred, and then only when there is no appeal. Every ■ pioint and proposition raised by appellant in this case is well taken, and uniformly supported by reason and authority.

It has accordingly been ordered that the said order be reversed, and proceedings under the same dismissed.

Tweed, J., concurred.

Porter, J., dissented.

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By Court,

Ebenoh, 0. J.:

The order in this case was erroneously made, and the writ thereon improperly issued. Proc. in Oiv. Cas., secs. [511]*511458, 464. No grounds whatever existed for the order or writ. This writ issues only when excess of jurisdiction has occurred, and then only when there is no appeal. Every ■ pioint and proposition raised by appellant in this case is well taken, and uniformly supported by reason and authority.

It has accordingly been ordered that the said order be reversed, and proceedings under the same dismissed.

Tweed, J., concurred.

Porter, J., dissented.

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Bluebook (online)

1 Ariz. 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reilly-v-tyng-ariz-1878.

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