Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 8-10

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 8-10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...record and proceedings shall be filed in the supreme court. " Nothing is said as to the manner of certifying. So far as this question is concerned, these statutes are identically the same; each requiring the act to be done, both silent as to the 'manner of do-"'47'4 ing it. In the case of Wells v. Long, 6 Ark. 252, and Ileard v. Lowry, 5 Ark. 474, to each of which the clerk had made, and attested by his signature, full and perfect certificates, but to neither of which the seal of ofllce was afiixed, this court decided that the records were not so autlienticatedas to give the court jurisdiction of the cases. The case of The-State v. H icklin is relied on by counsel in defense, but upon examination of that case it will be found in no respect to conflict with the decisions made in the cases of Wells v. Long and Ileard et al. v. Lowry. In the case of Ilia Siatc iv. H icklin the record was well authenticated. The objection to that record was, not that it was not fully attested under the seal of office, but that the petition forachange of venue had not been transmitted 1. Sue Bu'lu. State, 48-105, and cases cited as to completion of transcript. Also Stringer v. Jacobs, 9-500, STONE v. with the record. There the court had well authenticated record, over which, by virtue of the order for a change of venue, it had acquired jurisdiction and authority to try and determine it; whilst, in this case, there was no part of the record so authenticated as to bring to the knowledge of the court even the fact that a change of venue had been made, much less that the transcript filed was truly the records and files in the case. In cases where there is an authenticated transcript over which the court can exercise its...
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Product details

  • Paperback | 552 pages
  • 189 x 246 x 28mm | 975g
  • United States
  • English
  • black & white illustrations
  • 123696716X
  • 9781236967169