Legal Opinion

Conway v. Waddell

Supreme Court of Arkansas

Decided March 22, 1909PublishedCited by 6 opinions

Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. Conway, a city of the second class, has the following ordinance : “ORDINANCE NO. 165. “An ordinance entitled, ‘An. ordinance to regulate and license street peddling and street exhibitions, and to provide punishment for the violation of the regulations contained therein.’ “Be it ordained by the City Council of the City of Conway, Arkansas: “Section one.

Read the full summary

Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. Conway, a city of the second class, has the following ordinance : “ORDINANCE NO. 165. “An ordinance entitled, ‘An. ordinance to regulate and license street peddling and street exhibitions, and to provide punishment for the violation of the regulations contained therein.’ “Be it ordained by the City Council of the City of Conway, Arkansas: “Section one. It shall be unlawful for any person to sell, offer for sale, attempt to sell, peddle or attempt to peddle, any goods, wares, merchandise, medicines or articles…

1Opinion of the CourtWood, J.

(after stating the facts.) Section 5438 of Kirby’s Digest gives cities and incorporated towns the power “to license, regulate, tax, or suppress hawkers, peddlers,” etc.

A peddler is one “who goes from place to place and from house to house carrying for sale and exposing for sale the goods, wares and merchandise he carries.” Commonwealth v. Farnum, 114 Mass. 267; Re Wilson, 12 L. R. A. 624; 6 Words and Phrases, 5260, “Peddler,” and cases cited.

Appellee sold his own book, but he was a peddler within the meaning of this statute and ordinance. The words “peddler” and “hawker” in the statute and…

2Cases cited2 opinions

  1. Commonwealth v. FarnumMassachusetts Supreme Judicial Court · 1873
  2. City of Fayetteville v. CarterSupreme Court of Arkansas · 1889

3Cited by6 opinions

  1. Laprairie v. City of Hot SpringsSupreme Court of Arkansas · 1916
  2. White v. AdamsSupreme Court of Arkansas · 1961
  3. Cook v. HarrisonSupreme Court of Arkansas · 1929
  4. McGriff v. StateSupreme Court of Arkansas · 1947
  5. City of Creston v. MezvinskySupreme Court of Iowa · 1932

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API