63 Ark. 403
Decided January 30, 1897
Supreme Court of Arkansas · decided 1897-01-30
George Sibey, special Judge. STATEMENT BY THE COURT. At the August term of the Bonoke circuit court, -to wit: On the 17th day of August, 1896, a day of said term, S. S. Glover, the sheriff of said county, reported to the court that J. H. Hicks, the contractor for the county prisoners, refused to pay costs and take the defendants convicted of misdemeanors in cases where the fine was less than twenty dollars.
Relies on Ex parte Cohen
Decided 1897-01-30
¶1(after stating the facts.) The court had •no jurisdiction of the subject-matter. The proceedings in the court below could neither be styled a civil action nor a special proceeding. Sand. & H. Dig., secs, 5602, 5603. No one had brought suit or instituted proceedings to annul the contract entered into between J. H. Hicks -and appellant. The court was without power to make the order upon its own motion. See Ex parte Cohen, 6 Cal. 318.
¶2Reversed.