{
  "id": 8719546,
  "name": "David J. POTTER v. W. P. CITTY, Coroner of Miller County",
  "name_abbreviation": "Potter v. Citty",
  "decision_date": "1974-12-02",
  "docket_number": "74-196",
  "first_page": "276",
  "last_page": "278",
  "citations": [
    {
      "type": "official",
      "cite": "257 Ark. 276"
    },
    {
      "type": "parallel",
      "cite": "516 S.W.2d 597"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
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    "name_long": "Arkansas",
    "name": "Ark."
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  "cites_to": [
    {
      "cite": "12 S.W. 756",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "year": 1889,
      "opinion_index": 0
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      "cite": "52 Ark. 361",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1913444
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    {
      "cite": "254 Ark. 393",
      "category": "reporters:state",
      "reporter": "Ark.",
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        1624132
      ],
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      "year": 1973,
      "opinion_index": 0,
      "case_paths": [
        "/ark/254/0393-01"
      ]
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    {
      "cite": "135 S.W. 819",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "year": 1911,
      "opinion_index": 0
    },
    {
      "cite": "98 Ark. 113",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1316017
      ],
      "year": 1911,
      "opinion_index": 0,
      "case_paths": [
        "/ark/98/0113-01"
      ]
    }
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  "last_updated": "2023-07-14T15:16:07.797047+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "David J. POTTER v. W. P. CITTY, Coroner of Miller County"
    ],
    "opinions": [
      {
        "text": "Lyle Brown, Justice.\nAppellant David J. Potter brought this action to enjoin the coroner, W. P. Citty. Potter alleged that the coroner, in connection with the death of Jimmie J. Potter, had conducted an illegal inquest; that the coroner was in a position to conduct further acts with regard to the death \u201cwithout jurisdiction or authority to do so\u201d. Potter prayed that the coroner be enjoined from such further activities. The trial court sustained a demurrer to the complaint. Appellant here contends that the trial court had jurisdiction over the subject matter.\nThe demurrer must be sustained because nowhere in the complaint, which is the only evidence before us, is it alleged in what capacity appellant brought this action. Consequently, the trial court could not tell whether appellant was an interloper who happened to have the same name as the deceased.\nSecondly, appellant alleges that the coroner \u201cis in a position to perform further acts in regard to the death of Jimmie J. Potter\u201d without jurisdiction or authority to so act. It is not alleged that the coroner is threatening such actions; nor do we know from the pleading the particulars of those acts. Facts must be alleged which show that action is imminent; and that such acts would be so manifestly beyond the authority of the coroner as to constitute an abuse of power. Moore v. Board of Directors, 98 Ark. 113, 135 S.W. 819 (1911). A demurrer does not admit any facts that are not well pleaded. Palmer v. Cline, 254 Ark. 393, 494 S.W. 2d 112 (1973).\nFinally, appellant was in error in seeking an injunction to prohibit the coroner from performing an act of discretion. The statute provides that if the circumstances of a death be unknown, or if the circumstances of a death indicate foul play, a coroner\u2019s jury shall be summoned. Ark. Stat. Ann. \u00a7 42-301 (Repl. 1964) et seq. \u201cIt is not the duty of the coroner to inquire of sudden deaths, unless there is reasonable ground to believe that they are the result of violence or unnatural causes. The authority is to be exercised within the limits of a sound discretion, and when exercised, the presumption is that the coroner has acted in good faith on sufficient cause.\u201d Clark County v. Calloway, 52 Ark. 361, 12 S.W. 756 (1889).\nAffirmed.",
        "type": "majority",
        "author": "Lyle Brown, Justice."
      }
    ],
    "attorneys": [
      "Tackett, Moore, Dowd & Harrelson, for appellant.",
      "No brief for appellee."
    ],
    "corrections": "",
    "head_matter": "David J. POTTER v. W. P. CITTY, Coroner of Miller County\n74-196\n516 S.W. 2d 597\nOpinion delivered December 2, 1974\n[Rehearing denied January 13, 1975.]\nTackett, Moore, Dowd & Harrelson, for appellant.\nNo brief for appellee."
  },
  "file_name": "0276-01",
  "first_page_order": 301,
  "last_page_order": 303
}