Clarendon v. Walker
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. Geo. M. Chapline, Judge. The ordinance was not invalid. Acts 1899, 218, 219. The act of 1899 repealed that of 1895. Ordinances have no force beyond the corporate limits. 17 Am. & Eng. Ene.
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Appeal from Monroe Circuit Court. Geo. M. Chapline, Judge. The ordinance was not invalid. Acts 1899, 218, 219. The act of 1899 repealed that of 1895. Ordinances have no force beyond the corporate limits. 17 Am. & Eng. Ene. Raw, 254; 7 Lea, 441. The act of 1899 being a general act for the purpose of regulating the “impounding of animals in cities or towns,” and that of 1895 being a special act to “protect stock raising,” the former does not repeal the latter. 50 Ark. 137; 53 Ark. 417; 69 Ark. 517. The city had no power to pass an ordinance which would work a confiscation of property. Cf. 5…
1Opinion of the CourtRiddicic, J.
This is an action of replevin brought by J. W. Walker against the town marshal of the town of Clarendon to recover certain hogs belonging to him which the marshal had seized and impounded because they were found at large on the streets of the town. The only question in the case is whether the marshal had the authority to seize and impound hogs of nonresident owners found wandering on the streets of the town. Counsel for Walker contends that a city has no right to confiscate the hog or the horse of a nonresident found at large, or to fine the owner of such animal for permitting it to run at…
2Cited by2 opinions
- McKenzie v. NewtonSupreme Court of Arkansas · 1909
- Milwee v. Board of DirectorsSupreme Court of Arkansas · 1912