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96 Ark. 344

Steadman v. State

Supreme Court of Arkansas

Decided October 31, 1910

Supreme Court of Arkansas · decided 1910-10-31

Hays, Judge; The owner of the 'horse having died .before the, trial, the court was without authority to assess the statutory damages against appellant in favor of the owner of the horse. 23 Ark. 152; 56 Ark. 324; 11 111. 211; 32 111. App. 226; 6 Mo. App. I35l 39 Ark. 104; 51 Ark. 83. The right to enter judgment for the penalty abated at the death of the owner. 1 Cyc. 47, 48, note 51; Id. 50; 41 Ark. 295.

Cited by 2 later decisions — most recently June 1958

2 state decisions

Relies on Pettigrew v. Washington County · Pine Bluff Water & Light Co. v. City of Pine Bluff · Reese v. Cannon

Good law ✅— No negative treatment on recordhow we know

writ quashed and judgment affirmed · Decided 1910-10-31

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Wood, J.

¶1The question presented by this petition is whether a judgment rendered in favor of a plaintiff whose death, according to the evidence in the bill of exceptions, occurred before the trial, can be reversed and set aside on certiorari.

¶2Certiorari will not lie to correct errors or irregularities that could have been corrected on appeal. Reese v. Cannon, 73 Ark. 606; Salem v. Colley, 70 Ark. 71; Grinstead v. Wilson, 69 Ark. 587; Pine Bluff, etc., Co. v. Pine Bluff, 62 Ark. 196; Sumerow v. Johnson, 56 Ark. 85; Pettigrew v. Washington County, 43 Ark. 33; Haynes v. Semmes, 39 Ark. 399; Baskins v. Wylds, 39 Ark. 347; Payne v. McCabe, 37 Ark. 318.

¶3The error complained of here was an irregularity that did not appear on the face of the record itself, but' was made to appear from the testimony in the case preserved in the bill of exceptions. The error was such as could have been corrected on appeal. There is no showing that the petitioner herein has unavoidably lost 'his right of appeal. _ -

¶4Judgment affirmed.

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