Legal Opinion

De Queen v. Fenton

Supreme Court of Arkansas

Decided October 30, 1911PublishedCited by 11 opinions

Appeal from Sevier Circuit Court; Jeff T. Cowling, Judge; 1. Appellant, by permitting his cow to run at large within the city, committed an offense within the city, notwithstanding he resided without the city limits.

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Appeal from Sevier Circuit Court; Jeff T. Cowling, Judge; 1. Appellant, by permitting his cow to run at large within the city, committed an offense within the city, notwithstanding he resided without the city limits. The gist of the offense consists in his knowingly permitting the cow to run at large within the city, and the cause of her being there and the manner in which she got there is immaterial. 134 S. W. 890. 2. Section 2 of the act approved April 20, 1895, Acts 1895, p. 201, is repugnant to and inconsistent with the evident purpose and intent of the Legislature in the later acts…

1Opinion of the CourtFrauenthal, J.

This is an appeal from a judgment discharging the appellee from a prosecution instituted by the city of De Queen charging him with a violation of one of its ordinances making it a misdemeanor for the owner of any cattle to permit or allow the same to run at large within the limits of said city. The prosecution was begun in the mayor’s court of said city, where appellee was fined $10. He appealed to the circuit court, and upon a trial in that court the jury was instructed to return a verdict in his favor, which it did.

It appears from the testimony that the appellee resides outside of the…

2Cases cited6 opinions

  1. Coats v. HillSupreme Court of Arkansas · 1883
  2. Benton v. WillisSupreme Court of Arkansas · 1905
  3. Chicago, Rock Island & Pacific Railway Co. v. McElroySupreme Court of Arkansas · 1909
  4. Tutt v. City of GreenvilleCourt of Appeals of Kentucky · 1911
  5. Beattie v. StateSupreme Court of Arkansas · 1904

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

3Cited by11 opinions

  1. Eubanks v. FutrellSupreme Court of Arkansas · 1914
  2. Hickey v. StateSupreme Court of Arkansas · 1914
  3. Dicken v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1934
  4. King v. McDowellSupreme Court of Arkansas · 1913
  5. Security Mortgage Co. v. HerronSupreme Court of Arkansas · 1927

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

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