Scott v. Roberson
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge’; The ordinance of the city as to the impounding of stock is invalid. Kirby’s Digest, § 5451; Acts No. 265 of 1911 and No. 204 of 1915. The-court erred in taking the case from the jury and in directing a verdict. Appellant demanded the hogs within twenty-four hours after he got notice, and he was entitled to get them without any charge.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge’; The ordinance of the city as to the impounding of stock is invalid. Kirby’s Digest, § 5451; Acts No. 265 of 1911 and No. 204 of 1915. The-court erred in taking the case from the jury and in directing a verdict. Appellant demanded the hogs within twenty-four hours after he got notice, and he was entitled to get them without any charge. City Ordinance, § 264. There is no merit in this appeal, as there is no controversy as to the evidence, and the court properly directed a verdict. No money was tendered to pay for the feed and care of…
1Opinion of the CourtSmith, J.
Appellant lived in the outskirts of the city of Malvern, and brought this action in replevin against the marshal of that city to recover the possession of certain hogs which had been impounded by the marshal. The municipal ordinance under which the marshal acted made it the duty of the marshal to impound any animal found running at large in that city, and allowed therefor the following fees: For horses and mules, $1 each for the taking up, and 50 cents per day each for feeding and watering them, and “for each and every animal of whatsoever kind, twenty-five cents each for the taking up and…
2Cases cited1 opinion
- White v. ClarksvilleSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Mosley v. RainesSupreme Court of Arkansas · 1931
- Carson v. Dierks Lumber Coal CompanySupreme Court of Arkansas · 1938
- Adams v. BrowningSupreme Court of Arkansas · 1938
- Kist v. ButtsNorth Dakota Supreme Court · 1942