Waters Peirce Oil Co. v. City of Little Rock
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. Appellants are not peddlers, and the collector should be enjoined, if not the city. Cites sec. 13, art. 16, Constitution; Taylor, Cleveland $ Co. v. Pine Bluff, 34 Ark., 607; Gantt’s Digest, sec. 3451; Webster Dietr.', “Peddler.”
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APPEAL from Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. Appellants are not peddlers, and the collector should be enjoined, if not the city. Cites sec. 13, art. 16, Constitution; Taylor, Cleveland $ Co. v. Pine Bluff, 34 Ark., 607; Gantt’s Digest, sec. 3451; Webster Dietr.', “Peddler.” Relies upon the opinion delivered by Eakin, J., on the motion for the ancillary injunction, holding that injunction will not lie to restrain proceedings under city ordinances making peddling a criminal offense, etc.
1Opinion of the CourtSmith, J.
This was a bill to restrain the city of Little Rock from enforcing against the appellant an ordinance requiring peddlers to take out a license, and also to prevent the Sheriff of Pulaski County from collecting of the appellant, by distraint of property, a State and county tax for the privilege of peddling. Upon demurrer to the bill, the Chancellor dismissed the suit. But when the cause was removed here by appeal, this court granted a temporary injunction against the Sheriff'.
As the city has no means of enforcing its ordinance except by fine upon conviction in the police court, the validity of…
2Cited by20 opinions
- City of Little Rock v. CashSupreme Court of Arkansas · 1982
- Le Blanc v. City of New OrleansSupreme Court of Louisiana · 1915
- Pledger v. Featherlite Precast Corp.Supreme Court of Arkansas · 1992
- Paulk v. Mayor of SycamoreSupreme Court of Georgia · 1898
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
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