Holmes v. Morgan
Supreme Court of Arkansas
An appeal from an order of the County Court, prohibiting the sale of liquors under the three-mile law, cannot be taken by one who did not become, or make any effort to become, a party to the proceeding in which the order was made. APPEAL from Desha Circuit Court. John A. Williams, Judge.
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An appeal from an order of the County Court, prohibiting the sale of liquors under the three-mile law, cannot be taken by one who did not become, or make any effort to become, a party to the proceeding in which the order was made. APPEAL from Desha Circuit Court. John A. Williams, Judge. The appellants filed their petition in the Desha County Court, making the statutory allegation as to age and place of residence, and praying for an order prohibiting the sale of liquor within three miles of Bethlehem Church, in said county. The petition was filed January 3, 1887, and on the same day an order…
1Per curiam
Liquors: Order prohibiting sale of: Appeal. The judgment of the County Court was not an allowance against Desha County within the meaning of Section 51, Article 7, of the Constitution.
We are not called to decide whether B. F. Morgan might or might not have become a party to the proceeding in the County Court. It is sufficient to say that he made no effort to avail himself of the right, if it existed.
Not being a party to the proceeding, he could not appeal. Austin v. Crawford Co., 30 Ark., 578.
Reverse and remand with instructions to dismiss the appeal.
2Cited by7 opinions
- Ladd v. StubblefieldSupreme Court of Arkansas · 1937
- Turner v. WilliamsonSupreme Court of Arkansas · 1906
- Bailey v. WestSupreme Court of Arkansas · 1912
- Holford v. KirklandSupreme Court of Arkansas · 1902
- Phillips v. GoeSupreme Court of Arkansas · 1908
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