McKenzie v. Newton
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; statement by ti-ie court. This is a suit by appellee to replevy a certain bull from appellant, who held the same as keeper of the pound in the city of Ft. Smith. The bull was found running at large within the stock limits as designated by an ordinance of the city of Ft. Smith. The proof showed that the animal was legally impounded.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; statement by ti-ie court. This is a suit by appellee to replevy a certain bull from appellant, who held the same as keeper of the pound in the city of Ft. Smith. The bull was found running at large within the stock limits as designated by an ordinance of the city of Ft. Smith. The proof showed that the animal was legally impounded. A section of the ordinance provided that the chief of police “shall cause to be kept impounded such animals seized for the period of five days, subject during that time to be claimed by the owner or his agent…
1Opinion of the Court
Wood, J.,
(after stating the facts). The ordinance of the city of Ft. Smith authorizing the impounding of animals therein enumerated when “found running at large within the city limits as specified” is a valid police regulation. Ft. Smith v. Dodson, 46 Ark. 296. The legislative sanction for such ordinances is contained in sections 5450, 5451, Kirby’s Digest. The court in Benton v. Willis, 76 Ark. 443, held that both of. these sections were in force, the former giving in general terms the power to impound, and the latter prescribing the method of procedure. Instruction numbered four was…
2Cases cited4 opinions
- Benton v. WillisSupreme Court of Arkansas · 1905
- Smith v. DodsonSupreme Court of Arkansas · 1885
- White v. ClarksvilleSupreme Court of Arkansas · 1905
- Clarendon v. WalkerSupreme Court of Arkansas · 1903
3Cited by6 opinions
- Lemery v. LeonardOregon Supreme Court · 1921
- Pool v. ClarkSupreme Court of Arkansas · 1944
- De Queen v. FentonSupreme Court of Arkansas · 1911
- McCall v. North Pine Bluff Realty Co.Supreme Court of Arkansas · 1916
- Jeffries v. StateSupreme Court of Arkansas · 1912
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