St. L., I. M. & S. Ry. v. Williams
Supreme Court of Arkansas
APPEAL from Saline Circuit Court. J. B. Wood, Judge. 1. The act authorizing the allowance of attorney’s fees is in violation of the Constitution of Arkansas, and the Fifth and Fourteenth Amendments to the Constitution of the United States. It provides for a board of arbitration, and inflicts a penalty for appealing to the courts.
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APPEAL from Saline Circuit Court. J. B. Wood, Judge. 1. The act authorizing the allowance of attorney’s fees is in violation of the Constitution of Arkansas, and the Fifth and Fourteenth Amendments to the Constitution of the United States. It provides for a board of arbitration, and inflicts a penalty for appealing to the courts. Art. 2, sec. 13. 2. It conflicts with section 21, article 2. It applies to only-one class of persons and only to one class of acts. 38 Ala., 394; 4 Whart.,318 to 581; 63 Ala., 199; 28 Wise., 464; 12 Bush., 210; 1 Curtis, 327; Cooley Const. Dim. (3d ed.), 293; 8 hid.,…
1Opinion of the CourtBattle, J.
Appellee sued appellant for the value of two oxen killed by its train, and recovered judgment for his damages and twenty dollars for an attorney’s fee. The only error complained of here is the allowance of an attorney’s fee, which was allowed by authority of. an act entitled “ an act to provide for the speedy settlement of claims for stock killed or injured by railroads,” which reads as follows:
“ Section i. That whenever any stock, such as horses, hogs, cattle, sheep, etc., are killed or injured by railroad trains running in this State, either the owner of such stock, or the person having a…
2Cited by13 opinions
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- Johnson v. Goodyear Mining Co.California Supreme Court · 1899
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Jolliefe v. BrownWashington Supreme Court · 1896
- Grimmett v. DigbySupreme Court of Arkansas · 1979
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