McCullough v. Blackwell
Supreme Court of Arkansas
APPEAL from Faulkner Circuit Court. J. W. Martin, Judge. Blackwell and others petitioned the county court of Faulkner county, under the three mile law, for an order prohibiting the sale or gift of intoxicating liquors within three miles of a certain school-house. McCullough and other licensed dealers were permitted to become parties in the county court and contested the petition, which was denied.
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APPEAL from Faulkner Circuit Court. J. W. Martin, Judge. Blackwell and others petitioned the county court of Faulkner county, under the three mile law, for an order prohibiting the sale or gift of intoxicating liquors within three miles of a certain school-house. McCullough and other licensed dealers were permitted to become parties in the county court and contested the petition, which was denied. The petitioners appealed to the circuit court, where the parties resisting the application raised the objection that eighty-one of the persons whose names were on the petition, were not then in…
1Opinion of the CourtCockrill, C. J.
To sustain the certiorari, it is argued that the circuit court acquired no jurisdiction to reverse the order of the county court refusing the prayer of the local option petitioners, because the law makes no provision for appeal in this special statutory proceeding. Our decisions do not sustain the position. Appeals from all judgments of county courts to the circuit courts, under such regulations and restrictions as the legislature may prescribe, are guaranteed by the constitution. Art. 7, sec. 33. In practice, the terms of the act passed in aid of this provision of the constitution, has been…
2Cases cited2 opinions
- Miller v. JonesSupreme Court of Alabama · 1885
- McCreary v. O'FlinnMississippi Supreme Court · 1885
3Cited by15 opinions
- Mendelsohn v. Superior CourtArizona Supreme Court · 1953
- McClure v. TopfSupreme Court of Arkansas · 1914
- Lee County v. RobertsonSupreme Court of Arkansas · 1898
- Wilson v. ThompsonSupreme Court of Arkansas · 1892
- Reese v. SteelSupreme Court of Arkansas · 1904
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