Legal Opinion

Ferguson v. Josey

Supreme Court of Arkansas

Decided January 11, 1902PublishedCited by 9 opinions

Appeal from Hempstead Circuit Court. Joel D. Conway, Judge. The appellees, Josey & Ward, filed a complaint, alleging that on June 9, 1899, they were owners and in possession of a lot of intoxicating spirits, and that appellants, Ferguson and Spraggins, unlawfully took possession of the same and converted it to their own use, to appellees’ damage in the sum of $196.50. Appellants’ answer, in substance, alleged that appellant Ferguson was sheriff of Hempstead county, that he…

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Appeal from Hempstead Circuit Court. Joel D. Conway, Judge. The appellees, Josey & Ward, filed a complaint, alleging that on June 9, 1899, they were owners and in possession of a lot of intoxicating spirits, and that appellants, Ferguson and Spraggins, unlawfully took possession of the same and converted it to their own use, to appellees’ damage in the sum of $196.50. Appellants’ answer, in substance, alleged that appellant Ferguson was sheriff of Hempstead county, that he had taken possession of said property by virtue of a warrant issued by appellant Spraggins, mayor of the town of Hope, in…

1Opinion of the CourtBattle, J.

The defense of the appellants is based upon an act entitled “An act to suppress the illegal sale of liquors 'and to destroy the same when found in prohibited districts,” approved February 13, 1899. Section 1 of that act is as follows: “It is hereby made and declared to be the duty of the chancellors, circuit judges, justices of the peace, mayors and police judges, on information given or on their own knowledge, or when they have reasonable grounds to believe that alcohol, spirituous, ardent, vinous, malt or fermented liquors, or any compound or preparation thereof commonly called tonics,…

2Cases cited3 opinions

  1. State v. WheelerSupreme Court of Connecticut · 1856
  2. Elmore v. StateSupreme Court of Arkansas · 1885
  3. State v. MillerSupreme Judicial Court of Maine · 1859

3Cited by9 opinions

  1. Kirkland v. StateSupreme Court of Arkansas · 1904
  2. O'Neal v. ParkerSupreme Court of Arkansas · 1907
  3. Morley v. Fifty Cases of WhiskeySupreme Court of Arkansas · 1950
  4. Chambless v. CannonDistrict Court, W.D. Arkansas · 1949
  5. Ross v. Desha Levee BoardSupreme Court of Arkansas · 1907

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