Portis v. Fall, 34 Ark. 375 (1879)

Nov. 1879 · Arkansas Supreme Court
34 Ark. 375

Portis vs. Fall et al.

1. Injunction : Aone against criminal proceedings.

A court of equity will not exercise jurisdiction by way of injunction to stay proceedings in any criminal matters, or in any case not strictly of a civil nature.

APPEAL from Jefferson Circuit Court in Chancery.

Hon. J. A. Williams, Circuit Judge.

N. T. White, for appellant.

English, C. J.

William N. Portis was arrested on warrants issued by Benjamin E. Eall, a justice of the peace of Jefferson county, and other magistrates, on charges of violating the law of the state by setting up and exhibiting a gambling device called keno, within the limits of Pine Bluff.

In October, 1877, he filed a bill on the chancery side of *376the circuit court of Jefferson county, praying an injunction against the prosecutions, and a temporary injunction was granted.

Afterwards a demurrer was sustained to the bill; the injunction dissolved; the bill, dismissed for want of equity, and Portis appealed.

A court of equity will not exercise jurisdiction by way of injunction to stay proceedings in any criminal matters, or in any case not strictly of a civil nature. 2 Story Equity Jurisprudence (12 Ed.), sec. 893; Bispham’s Prin. Equity, sec. 424.

Affirmed.