Dreyfus v. Boone
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; 1. If the penal provisions of the ordinances are to be tested, Dreyfus is not a proper party to the action; the city or its proper officials being the parties in interest.
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Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; 1. If the penal provisions of the ordinances are to be tested, Dreyfus is not a proper party to the action; the city or its proper officials being the parties in interest. As to the penal provisions, Boone has a complete and adequate remedy at law, and chancery would have no jurisdiction. 2. There can be no question of the general authority of municipal corporations to prevent as well as suppress nuisances. 70 Ark. 12; 76 Ark. 250; Kirby’s Digest, § § 5438, 5461, 5458, 5593. Certainly, night soil or excrement is of itself a…
1Opinion of the CourtMcCulloch, J.
This case brings in question the validity of two ordinances of the city of Little Rock relating to the removal of deposits from unsewered privies. The two ordinances were both passed at the same meeting of the city council, they relate to the same subject, and' are so interdependent that they must be read together as composing a scheme to accomplish the desired end. One of them is entitled, “An ordinance to prescribe the manner of constructing and cleaning the unsewered privies of the city of Little Rock and fixing penalties for violation thereof.” It provides, among other things, that “the…
2Cases cited23 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Dobbins v. Los AngelesSupreme Court of the United States · 1904
- Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
- California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
18 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Starnes v. SadlerSupreme Court of Arkansas · 1963
- Geurin v. City of Little RockSupreme Court of Arkansas · 1941
- Nelson v. Berry Petroleum CompanySupreme Court of Arkansas · 1967
- Carwell Elevator Co., Inc. v. LeathersSupreme Court of Arkansas · 2003
- Merwin v. FussellSupreme Court of Arkansas · 1910
35 more not listed; retrieve them via the Exa API.