Payne v. State ex rel. City of Booneville
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; James Cochran, Judge; 1. No -bond for costs was filed and no affidavit for a warrant. Booneville is a city of the second class.
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Appeal from Logan Circuit Court, Southern District; James Cochran, Judge; 1. No -bond for costs was filed and no affidavit for a warrant. Booneville is a city of the second class. Kirby’s Digest, § § 2488, 2490, 2476; 37 Ark. 405; 39 Id. 175; 111 Id. 51; 94 Id. 175. 2. Kirby’s Digest, § 5135, is not a valid law. 45 Ark. 361; 105 Id. 462; 90 Id. 579, 589; 72 Id. 14; Act 191 Acts 1899. .Prior to the passage of the act and since, the mere purchasing or procuring for another, intoxicating liquor where the seller sells unlawfully is not a violation of the law. Black on Interpretation of Laws, § §…
1Opinion of the CourtWood, J.
Appellant was convicted before the mayor of Booneville of the offense of procuring alcohol for another in violation of section 5135 of Kirby’s Digest. The city had no ordinance upon the subject, and the appellant was convicted under the above statute.
The bill of exceptions shows that “it was admitted by the attorney for the city that in the trial of the case below before the trial the defendant moved the court to dismiss the action for want of a bond for cost's; * * * that no bond for costs was given, and that the motion of the defendant made in the mayor’s court to dismiss the case for lack…
2Cases cited9 opinions
- Foster v. StateSupreme Court of Arkansas · 1885
- Whitmore v. StateSupreme Court of Arkansas · 1903
- Dale v. StateSupreme Court of Arkansas · 1909
- Fenix v. StateSupreme Court of Arkansas · 1909
- Mann v. StateSupreme Court of Arkansas · 1881
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3Cited by8 opinions
- Winfrey v. StateSupreme Court of Arkansas · 1918
- Coger v. City of FayettevilleSupreme Court of Arkansas · 1965
- Warfield, County Judge v. Chotard, Co. TreasurerSupreme Court of Arkansas · 1941
- Wilson v. StateSupreme Court of Arkansas · 1917
- Anderson v. StateSupreme Court of Arkansas · 1923
3 more not listed; retrieve them via the Exa API.