City of Fort Smith v. Dodson
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Ft. Smith District. Jno. S. Little, Judge. A city marshal is a ministerial officer. 2 RapaljS Law Dec., 822; 39 Ark., 82, The presumption is that he complied with the ordinance, until the contrary is shown. Whart. Legal Max., lxv, 14.5; 2 Ark., 26; 25 Id., 311; 30 Id., 69; 31 Id., 609; 12 Wheat, 69; 8 Conn., 134; 3 Yerg., (Tenn.), 308; 10 Am.
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APPEAL from Sebastian Circuit Court, Ft. Smith District. Jno. S. Little, Judge. A city marshal is a ministerial officer. 2 RapaljS Law Dec., 822; 39 Ark., 82, The presumption is that he complied with the ordinance, until the contrary is shown. Whart. Legal Max., lxv, 14.5; 2 Ark., 26; 25 Id., 311; 30 Id., 69; 31 Id., 609; 12 Wheat, 69; 8 Conn., 134; 3 Yerg., (Tenn.), 308; 10 Am. Dec., 680; 45 Miss., 71; 20 Kas., 572. Plaintiff must make out her case by a preponderance of evidence. Mansf. Dig., sec. 2870-1. The burthen of proof was on the appellant, to show that the ordinance had been complied…
1Opinion of the CourtHemingway, J.
This is an action in favor of the appellee, to recover of the' appellant twenty-five dollars, the value of a hog. It was tried in the Sebastian circuit court upon an agreed state of facts, substantially as follows: The hog belonged to plaintiff; it was worth twenty-five dollars; it was sold by the defendant’s marshal, who assumed to act by the authority of a city ordinance; the ordinance was in full force, prohibited the running at large of swine on the streets and unenclosed grounds of the city, and cast upon the marshal the duty to take up and impound swine found at large in violation of…
2Cases cited3 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Clark v. LewisIllinois Supreme Court · 1864
- Davany v. KoonMississippi Supreme Court · 1871
3Cited by10 opinions
- Universal C. I. T. Credit Co. v. RoneSupreme Court of Arkansas · 1970
- Applestein v. Mayor of BaltimoreCourt of Appeals of Maryland · 1928
- Jones v. Sewer Improvement District No. 3Supreme Court of Arkansas · 1915
- Gregg v. HatcherSupreme Court of Arkansas · 1910
- McCrossin v. DavisSupreme Court of Alabama · 1892
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