Although appellant filed this case as a direct appeal from the Polk County Circuit Court's July 19 order, we have stated many times that we will treat an appeal as a petition for extraordinary relief where the party is contesting the lack of jurisdiction. SeeState v. D.S., 2011 Ark. 45, 378 S.W.3d 87; Hyder v. Newcomb, 234 Ark. 486, 352 S.W.2d 826 (1962); Adams v. Pace, 193 Ark. 1020, 104 S.W.2d 212 (1937). Appellant asks this court to grant a writ of prohibition, or, in the alternative, a writ of certiorari.
If, as the appellants say, the Court refused to consider their petitions under habeas corpus procedure, their rights were reviewable by this Court through certiorari. Adams v. Pace, 193 Ark. 1020, 104 S.W.2d 212. An allegation that the lower Court had arbitrarily or indifferently refused to hear the petition would be considered here as expeditiously as though an abusive exercise of power formed the basis of complaint. Ordinarily, however, where one is admitted to bail and the conditions are not such that his movements are restricted, he will not be heard to say that he is being illegally restrained.
That is, the Legislature is authorized by the Constitution to vest such jurisdiction in the municipal courts as it thinks necessary." Adams v. Pace, Sheriff, 193 Ark. 1020, 104 S.W.2d 212. Act 203 of the Acts of 1921 expressly provides for appeals from municipal courts to the circuit court, and it applies to all appeals including criminal, as well as civil, appeals.