cl-6597463 Precedential Processed

Reilly v. Tyng

Arizona Supreme Court · Filed January 15, 1878 · 1 Ariz. 510

Cited by

Opinion text

By Court, Ebenoh, 0. J.: The order in this case was erroneously made, and the writ thereon improperly issued. Proc. in Oiv. Cas., secs. *511 458, 464. No grounds whatever existed for the order or writ. This writ issues only when excess of jurisdiction has occurred, and then only when there is no appeal. Every ■ pioint and proposition raised by appellant in this case is well taken, and uniformly supported by reason and authority. It has accordingly been ordered that the said order be reversed, and proceedings under the same dismissed. Tweed, J., concurred. Porter, J., dissented.