Supreme Court of Arkansas, 1905

Moody v. Rogers

Moody v. Rogers
Supreme Court of Arkansas · Decided February 4, 1905 · Rowe, Wood
74 Ark. 132; 85 S.W. 84; 1905 Ark. LEXIS 413

Moody v. Rogers

Opinion of the Court

Wood, J.,

(after stating the facts.) It does not appear that the writ was for the purpose of enforcing any order or judgment of the court. The proceedings therefore as to notice are controlled by section 4481 of Kirby’s Digest, which requires ten days’ notice after filing the petition before the motion for mandamus is made. See Kirby’s Digest, § 5158.

Reversed and remanded for further proceedings.

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