Supreme Court of Arkansas, 1948

McGuffey v. Haynie, Chancellor

McGuffey v. Haynie, Chancellor
Supreme Court of Arkansas · Decided February 23, 1948 · PER CURIAM.
208 S.W.2d 10; 212 Ark. 739 (South Western Reporter, Second Series)

McGuffey v. Haynie, Chancellor

Opinion of the Court

Per Curiam.

We are asked to prohibit the trial court from proceeding in this cause for the asserted reason that it is without jurisdiction of parties for want of valid service. The petition is denied on authority of Twin City Lines, Inc., v. Cummings, Judge, ante, p. 569, 206 S. W. 2d 438, decided by this court December 15, 1947. Cases are there cited in support of the rule that where in preliminary proceedings factual matters are presented for the trial court’s determination, prohibition will not be predicated upon an alleged erroneous decision.

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