Swaim v. Morris
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John B. Martineau, Chancellor; statement by the court. The appellants, Swaim and Hicks, alleged that they were the owners of certain lots in the incorporated town of England, on which were situated business houses and residences.
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Appeal from Lonoke Chancery Court; John B. Martineau, Chancellor; statement by the court. The appellants, Swaim and Hicks, alleged that they were the owners of certain lots in the incorporated town of England, on which were situated business houses and residences. They allege that on one of the lots was a hotel in which appellant Hicks and family resided, and which was also occupied by other families and guests of the hotel, and that appellant Swaim had his residence on another lot adjoining the Hicks lots. They allege and show the location of their residences and business houses with…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Sec. 5439 of Kirby’s Digest provides: “They (municipal corporations) shall have the power to regulate the building of houses; to make regulations for the purpose of guarding accidents by fire, and to prohibit the erection of any building or any addition to any building unless the outer walls thereof be made of brick or mortar or stone and mortar, and to provide for the removal of any building or addition erected contrary to such prohibition.” Under this section the town of England had the power to regulate the building of gin houses so as to guard against…
2Cases cited4 opinions
- Durfey v. ThalheimerSupreme Court of Arkansas · 1908
- Town of Arkadelphia v. ClarkSupreme Court of Arkansas · 1889
- Lonoke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
- Powell v. FosterSupreme Court of Georgia · 1877
3Cited by11 opinions
- Meyer v. SeifertSupreme Court of Arkansas · 1949
- Cooper v. WhissenSupreme Court of Arkansas · 1910
- Eddy v. ThorntonSupreme Court of Arkansas · 1943
- Ozark Bi-Products, Inc. v. BohannonSupreme Court of Arkansas · 1954
- Moore v. WallisSupreme Court of Arkansas · 1935
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