PAGE. Crease et al. State Bank v. 292 Adams et al. v. State, use Wallace, 497 Crittenden county, Ferguson v. 479 Alexander, surv. &c., Johnson and Cummin's ad. v. Harrell & Scott, 308 Johnson, v., 302 D. Alston & Patrick v. Whiting & Slark 402 Delany & Pennywit, Thorn v. 219 92 Denton, Robinson & Robinson v. 283 Denton v. Waddell, 287 B. Dickey, use &c. v. Pettigrew, 424 Dickson v. Burke, 412 Dickinson v. Morrison, 264 191 Dillard, Bentley's ex'r. v. 79 292 Durr v. Howard, 461 Duval v. Hartgraves, 506 " Underhill v. 135 v. Watkins 25 Barden, Shields v., Beebe, ad. Burton v. Lockert, Bell & Graham, Caldwell's ad. v. 459 Erwin, use &c. v. Turner's adm'x, 14 422 Evans, Town v. 260 227 Bentley's ex'r v. Dillard, 79 F. Berry, Gasquett & Co. v. 246 Benson, Hyde v. 396 Bird v. Mathis, use Van Hook & Carr, 379 Ferguson v. Blakeney, 296 Blackburn, gu'dn. v. Hawkins, ad. 50 Ferguson v. Crittenden county. 479 Blakeney, Ferguson v. 296 Field, Ringo v. 43 Boyer v. Robinson, 552 Field, Watkins v. 391 Bridges v. Warner, 385 Foster's ad. Thompson & Boyer v. 208 Brodie, McKisick v. 375 Foster ad'r Foster, Harris and wife v. 388 Brown v. Peevey, 37 Fowler, Pendleton v. 41 Bruton, Payne v. 278 Funk v. The State. 141 Buckner v. Greenwood, 200 Bullock et al., Mayor & Ald'n Little G. Rock v. 250 Burke, Dickson v. 412 Buxton, Hamilton v. 24 v. 540 C. Gasquett & Co. v. Berry, 246 Gibson, use &c., Pennington's ad'x v. 447 Greer, Wilburn v. 255 Campbell v. Thruston, 441 Greenwood, Buckner v. 200 • Campbell v. Hawkins, 513 Guess v. The State, 147 Cheatham & Cheatham, Ex parte, 437 Gullet and wife v. Lamberton, 109 Cheatham, Ex parte, v. Saffold. 123 Cheadle v. Riddle, 480 H. Cocke ex'r of Pope v. Walters, 404 165 Cox et al. v. Garvin et al.. 431 Hand, State v. 169 Couch v. McKee, CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE STATE OF ARKANSAS, At the January Term, A. D. 1845; and of the American Independence the sixty-ninth year. NOTE-JUDGE LACY was not on the Bench at this Term, until within two or three days of the adjournment. FREDERICK W. TRAPNALL, Esq. EX PARTE. Upon the presentation of a proper case, this court, in the exercise of its constitutional powers, may issue a writ of mandamus, to a circuit court, as well as to other inferior tribunals, and enforce obedience, by attachment.. It is a prerogative writ, introduced to prevent disorder from a failure of justice and defect of police, and should be used on all occasions where the law has established no specific remedy, and justice and good government require it. It lies to an inferior jurisdiction, or officer, to compel the performance of a duty, al. though a penalty is affixed by law for the nonperformance thereof. Therefore, if a judge of the circuit court obstinately refuse to perform any duty re. quired of him by law, this court, upon a proper showing, by the party aggrieved, would issue the writ to compel him. To entitle a party to the benefit of the writ, he must show that he has a specific legal right, and no other legal remedy. It may issue to compel a judge to hold a term of his court. Acts passed upon the same subject must be taken and construed together, and made to stand if reconcilable, but to accomplish this object the obvious import of language cannot be disregarded. The intention of the Legislature must, if possible, be carried into effect, but it must be derived from the language used in the act, if it be clear and unambiguous. Courts lean to that construction which will give effect to two acts apparently in con. flict, more especially if both be passed at the same session of the legislature, but they will not suspend the operation of one act, to a future period, to give effect to another. |