Benton v. Willis
Supreme Court of Arkansas
Appeal from Saline Circuit Court. Alexander M. DuFFiE, Judge. E. S. Willis brought replevin against the incorporated town of Benton, alleging that he was the owner of eleven hogs which had been impounded by defendant.
Read the full summary
Appeal from Saline Circuit Court. Alexander M. DuFFiE, Judge. E. S. Willis brought replevin against the incorporated town of Benton, alleging that he was the owner of eleven hogs which had been impounded by defendant. The case was submitted on the following agreed statement of facts, towit: That plaintiff is the owner of the eleven hogs sued for; that plaintiff resides outside the incorporated town of Benton; that the hogs were taken up by the poundmaster while running at large within the incorporated town of Benton, and by him put in the town pound; that plaintiff within twenty-four hours…
1Opinion of the CourtWood, J.
The only question presented by this record is, does the act of May 23, 1901 (Kirby’s Digest, § 5450), repeal the act of April 20, 1895 (Kirby’s Digest, § 5451), with reference to the impounding of stock in cities and towns?
The act of 1901 does not expressly repeal the act of 1895, and there is no repeal by necessary implication; for the two acts may stand together. There is no irreconcilable conflict between them. Th act of 1901 expressly confers upon cities and towns power to prevent the running at large of the animals designated within their corporate limits, and prescribed impounding, in…
2Cases cited3 opinions
- English v. OliverSupreme Court of Arkansas · 1873
- McPherson v. StateSupreme Court of Arkansas · 1874
- Pratt v. DudleySupreme Court of Arkansas · 1905
3Cited by20 opinions
- Bolden v. WattSupreme Court of Arkansas · 1986
- Geiger v. GeigerOhio Supreme Court · 1927
- McDonald v. WassonSupreme Court of Arkansas · 1934
- Martels v. WyssSupreme Court of Arkansas · 1916
- Boone County Board of Education v. TaylorSupreme Court of Arkansas · 1932
15 more not listed; retrieve them via the Exa API.