Arkansas Code Annotated

Ark. Code Ann. § 16-115-103 (2026)

Precedence of petitions over other actions

✓ current as of May 2026
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Petitions for a writ of mandamus or writ of prohibition shall have precedence over all other actions and proceedings and shall be heard and determined summarily.

History. Acts 1939, No. 54, § 4; A.S.A. 1947, § 33-104.

Case Notes

Joinder with Other Actions.

A suit for breach of contract and an action for mandamus were so procedurally incompatible as to prevent their joinder; thus a teacher who was not given the required notice that his contract was being terminated had to elect between the common-law action against the school district for money damages or the special proceeding for issuance of a writ of mandamus compelling the school district to issue a voucher for amount of agreed salary. Rastle v. Marion County Rural School Dist. No. 1, 260 Ark. 740, 543 S.W.2d 923 (1976).

Cited: State ex rel. Robinson v. Craighead County Bd. of Election Comm'rs, 300 Ark. 405, 779 S.W.2d 169 (1989).

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1989–2023 · leading case: State ex rel. Robinson v. Craighead Cnty. Bd. of Election Commissioners, 779 S.W.2d 169 (Ark. 1989).
State ex rel. Robinson v. Craighead Cnty. Bd. of Election Commissioners, 779 S.W.2d 169 (Ark. 1989). · cites it 2× “See Ark. Code Ann. §§ 16-115-103 and 16-115-104(b) (1987).”
Chris P. Corbitt, Esq. v. Pulaski Cnty. Jail Eric Higgins, in His Off. Capacity as Pulaski Cnty. Sheriff & Barry Hyde, in His Off. Capacity as Pulaski Cnty. Judge, 2023 Ark. 18 (Ark. 2023). · cites it 6× “For reversal, Corbitt argues that the circuit court abused its discretion in refusing to grant his petition for writ of mandamus for two reasons: (1) because it misinterpreted Arkansas Code Annotated section 5-73-122(b), which allows “officers of the court” to possess a handgun…”
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