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PETTY v. CLARKE

No. 73-309.

507 S.W.2d 700 (1974)

Ray D. PETTY, Petitioner, v. D. A. CLARKE, Probate Judge and W. S. Arnold, Special Probate Judge, Respondents.

Supreme Court of Arkansas.

April 15, 1974.

Attorney(s) appearing for the Case

Clifton Bond, Monticello, for petitioner.

BYRD, Justice.

The sole issue on this petition for writ of prohibition is whether a special judge can be elected by the attending lawyers pursuant to Ark.Stat.Ann. § 22-436 (Repl. 1962), to hear a probate matter upon the disqualification of the regular chancellor.

Following the reversal and remand of the chancery proceeding in McDonald, Executrix v. Petty, 254 Ark. 705, 496 S.W.2d 365 (1973), petitioner Ray D. Petty...

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