Railway Co. v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. T. C. Humphry, Judge. This court held in 55 Ark. 200, that the complaint, although in form an indictment, was a civil proceeding, and that the court had jurisdiction. But the complaint is defective, and no judg'ment could be rendered on it. Mansfield’s Digest, sec. 5478 ; 54 Ark. 546. No violation of law was charged. 54 Ark. 546 is not conclusive. In that case, it was an indictment.
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Appeal from Sebastian Circuit Court, Greenwood District. T. C. Humphry, Judge. This court held in 55 Ark. 200, that the complaint, although in form an indictment, was a civil proceeding, and that the court had jurisdiction. But the complaint is defective, and no judg'ment could be rendered on it. Mansfield’s Digest, sec. 5478 ; 54 Ark. 546. No violation of law was charged. 54 Ark. 546 is not conclusive. In that case, it was an indictment. In this case a civil complaint. 55 Ark. 200. Construing the pleading as an entirety, the purpose appears to claim a penalty for failure to either ring-a…
1Opinion of the CourtPowELL, J.
The appellee, on the 11th day of September, 1889, filed in the circuit court of Sebastian county, for the Greenwood district thereof, the following pleading : “The grand jury of Sebastian county, in and for the Greenwood district thereof, in the name and by the authority of the State of Arkansas, accuse said railroad company of the crime of failing to sound a bell and to whistle a steam whistle, committed as follows, to-wit: The St. Louis, Iron Mountain & Southern Railroad Company on the 20th day of Aug-ust, 1889, in the county and district aforesaid, the said com pan y operating and…
2Cases cited1 opinion
- State v. Railroad Co.Supreme Court of Arkansas · 1891
3Cited by6 opinions
- Sproull v. MilesSupreme Court of Arkansas · 1907
- Thompson v. HickmanSupreme Court of Arkansas · 1924
- Warner v. HessSupreme Court of Arkansas · 1899
- State v. RingSupreme Court of Arkansas · 1905
- Choate v. MartinSupreme Court of Arkansas · 1950
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