Howell v. Daughet
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; The act of 1819, act No. 496, is unconstitutional and void, and appellants have the right to enjoin its enforcement. 1 High on Injunctions (4 ed.), p. 87; 118 Fed. Rep. 399; 195 U. S. 223-4; 12 Cyc. 903. The act conflicts with art. 14, § 1, Const. U. S. and art. 2, § 8, Const. Ark. It unlawfully deprives residents of the district of their property without due process of law.
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Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; The act of 1819, act No. 496, is unconstitutional and void, and appellants have the right to enjoin its enforcement. 1 High on Injunctions (4 ed.), p. 87; 118 Fed. Rep. 399; 195 U. S. 223-4; 12 Cyc. 903. The act conflicts with art. 14, § 1, Const. U. S. and art. 2, § 8, Const. Ark. It unlawfully deprives residents of the district of their property without due process of law. The whole act is void, as the valid and invalid parts of the act can not be separated. 6 R. C. L., §§ 122-3-5-7; 111 Ark. 108, 118; 89 Id. 466. The…
1Opinion of the CourtMcCulloch, C. J.
The G-eneral Assembly of 1919, at the regular session, enacted a special statute creating a district in Hempstead and Nevada counties where stock is prohibited from running at large, and the statute was put into effect after adoption by a vote of the. qualified electors of the district. Appellants are citizens residing within said district and owned stock therein, and they instituted this action in the chancery court of Hempstead County to restrain the officers from enforcing the provisions 'of the statute. They contend that the statute is unconstitutional and void, and they have appealed…
2Cases cited6 opinions
- Smith v. DodsonSupreme Court of Arkansas · 1885
- Fall Creek Sheep Co. v. WaltonIdaho Supreme Court · 1913
- Hendricks v. BlockSupreme Court of Arkansas · 1906
- Davis v. CalvertSupreme Court of Arkansas · 1856
- Ross v. Desha Levee BoardSupreme Court of Arkansas · 1907
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3Cited by8 opinions
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- Darryl Lunon v. Kathy BotsfordCourt of Appeals for the Eighth Circuit · 2019
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