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84 Ark. 341

Randolph v. Abbott

Supreme Court of Arkansas

Decided November 11, 1907

Supreme Court of Arkansas · decided 1907-11-11

Evans, Judge; 1. The county court was without jurisdiction to issue an injunction. 2. Respondent could only obtain a private road through the property in the manner laid down by the statute, and in strict compliance therewith. Kirby’s Digest, § 3010; 15 Ark. 43 J 13 Ark. 355. The right to a- restraining order or injunction is a separate and distinct right, and the grounds therefor named in the statute. Kirby’s Digest, § 3965.

Cited by 2 later decisions — most recently March 2026

2 state decisions

Good law ✅— No negative treatment on recordhow we know

judgment quashed · Decided 1907-11-11

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BattlL, J.

¶1H. V. Abbott petitioned to the Franklin County Court for a private road through the lands owned by R. H. Randolph. Upon application of Abbott the county court directed the issue of a writ of injunction enjoining Randolph from interfering with Abbott in the use of his lands as a road. Randolph moved to dissolve the injunction, which was denied. From this order Randolph appealed to the Franklin Circuit Court, by which the order granting the injunction was affirmed. Randolph seeks to set aside the judgment of affirmance in this court by writ of certiorari.

¶2Injunctions are matters of chancery cognizance. County courts have no power to grant them. It is true that the Constitution of this State provides that “in the absence of the circuit judge from the county the county judge shall have power to issue orders for injunctions and other provisional writs in their counties, returnable to the court having jurisdiction, provided that either party may have such order reviewed by any superior judge in vacation in such manner as shall be provided by law.” Art. 7, § 37, .Const. 1874. In no cases is the county court granted such power, and the county judge has such power only in cases and to the extent authorized by the Constitution, which is in actions pending in other courts. The county court having no jurisdiction, the circuit court acquiréá none by appeal.

¶3The judgment of affirmance of the circuit court is quashed.

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