Legal Opinion

Martin v. Roesch

Supreme Court of Arkansas

Decided March 18, 1893PublishedCited by 6 opinions

Appeal from Pulaski Circuit Court. Robert J. Rea, Judge. 1. The State is not included in the general words of a statute, unless expressly mentioned, or it be clear by necessary implication that the State was intended to be included. End. Int. Stat. secs. 161, 166-7 ; Angelí on Rim. pp. 30, 32, et seq.; 32 Ark. 50, 51 ; 28 Miss. 762; 20 Pa. St. 398 ; 2 Mason, 314 ; 9 Gill. 105, 117 ; 4 Cowen (N. Y.), 143 ; 41 N. H. 238 ; 7 Ired.

Read the full summary

Appeal from Pulaski Circuit Court. Robert J. Rea, Judge. 1. The State is not included in the general words of a statute, unless expressly mentioned, or it be clear by necessary implication that the State was intended to be included. End. Int. Stat. secs. 161, 166-7 ; Angelí on Rim. pp. 30, 32, et seq.; 32 Ark. 50, 51 ; 28 Miss. 762; 20 Pa. St. 398 ; 2 Mason, 314 ; 9 Gill. 105, 117 ; 4 Cowen (N. Y.), 143 ; 41 N. H. 238 ; 7 Ired. (N. C.), 48. The courts recog-nize exceptions to the general rule in cases of enactments “made for public good, the advancement of religion and justice, and to prevent…

1Opinion of the CourtBattle, J.

This was an action of ejectment instituted by R. W. Martin, in his life time, ag-ainst Barbara Roesch, Eugene Jabine, and others holding under them, for the recovery of a certain tract of land in Pulaski county.

Martin claimed title and possession by virtue of a deed executed to him by the Commissioner of State Lands, on the 18th of February, 1889, which recites that the land had been sold under a decrée of the Pulaski chancery court, on the 2d of November, 1883, to the State of Arkansas, for the taxes, penalty and costs due thereon.

Roesch and Jabine admitted that they held the land, and…

2Cases cited4 opinions

  1. United States v. HerronSupreme Court of the United States · 1874
  2. Cole v. White CountySupreme Court of Arkansas · 1877
  3. Calloway v. CossartSupreme Court of Arkansas · 1885
  4. Chamberlain v. StateSupreme Court of Arkansas · 1887

3Cited by6 opinions

  1. City of Poplar Bluff v. KnoxMissouri Court of Appeals · 1966
  2. St. Louis Refrigerator & Wooden Gutter Co. v. LangleySupreme Court of Arkansas · 1898
  3. City of Little Rock v. JeuryensSupreme Court of Arkansas · 1918
  4. Huxtable v. State Use Crawfordsville Special School District.Supreme Court of Arkansas · 1930
  5. Baiers v. CammackSupreme Court of Arkansas · 1944

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API