Pearson v. Quinn
Supreme Court of Arkansas
Appeal from Miller Circuit Court; W. II. Arnold, Special Judge; A proceeding under the three-mile liquor law is in the nature of an election, and not in the nature of a suit between parties. 40 Ark. '290; 104 Ark. 436; 70 Ark. 178; 51 Ark. 164. There is no expressed authority rendering judgment against remonstrants under the three-mile law.
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Appeal from Miller Circuit Court; W. II. Arnold, Special Judge; A proceeding under the three-mile liquor law is in the nature of an election, and not in the nature of a suit between parties. 40 Ark. '290; 104 Ark. 436; 70 Ark. 178; 51 Ark. 164. There is no expressed authority rendering judgment against remonstrants under the three-mile law. Kirby’s Dig. § § 5128-5132; 95 Ark. 83. The right -to recover costs rests upon statute only, it did not exist at common law, supra; 60 Ark. 194; 106 Ark. 296; 84 Ark. 188; 108 Ark. 301. The right of the prevailing party to judgment for costs in this class…
1Opinion of the CourtSmith, J.
This appeal involves the liability of appellants for the fees of the witnesses who proved up their attendance in the circuit court in the litigation there over the revocation of an order of the county court- of Miller County prohibiting the sale of intoxicating liquors within three miles of the public high school in the city of Texarkana. At the trial of that cause the circuit court revoked this prohibitory order, and an appeal from that judgment was prosecuted to this court. But this appeal was dismissed for the reason that “where there is nothing to be determined on an appeal to the Supreme…
2Cases cited8 opinions
- Bordwell v. DillsSupreme Court of Arkansas · 1902
- Wilson v. ThompsonSupreme Court of Arkansas · 1892
- Buchanan v. ParhamSupreme Court of Arkansas · 1910
- Davis v. MooreSupreme Court of Arkansas · 1902
- Pearson v. QuinnSupreme Court of Arkansas · 1914
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3Cited by2 opinions
- Ozark School District No. 56 v. JacksonSupreme Court of Arkansas · 1940
- Skinner v. City of EldoradoSupreme Court of Arkansas · 1970