Legal Opinion

Thomas v. Burke

Supreme Court of Arkansas

Decided October 18, 1909Published

Appeal from Miller Circuit Court; James S. Steel, Judge: 1. Thomas w.as a party, having signed the petition when a resident of the district, and -had a right to appeal and -make the necessary affidavit. 2. Only one point was named and one building; the main building, which -constituted one center. 40 Ark. 290; 43 Ark. 150; 45 Ark. 458; 56 Ark. 107. Lindley v. State, qo Ark. 284, settles this question.

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Appeal from Miller Circuit Court; James S. Steel, Judge: 1. Thomas w.as a party, having signed the petition when a resident of the district, and -had a right to appeal and -make the necessary affidavit. 2. Only one point was named and one building; the main building, which -constituted one center. 40 Ark. 290; 43 Ark. 150; 45 Ark. 458; 56 Ark. 107. Lindley v. State, qo Ark. 284, settles this question. See also 33 L. R. A. 322; 48 Ark. 3jo; 35 Ark. 428; 36 Ark. 181. 3. 90 Ark. 284 also settles the question that the three-mile law only contemplated the counting of inhabitants within this State,…

1Opinion of the CourtMcCurroch, C. J.

This is an appeal from the judgment of the circuit court of Miller County refusing to make an order prohibiting the sale or giving away of intoxicating liquors within three miles of a school house in the city of Texarkana. The county court had refused to make the order prayed for, and an appeal was taken to the circuit court. The case was heard in the circuit court on oral evidence. The petition was in due form prescribed by law, and described the house which was to mark the center of the prohibited area as “the Public School Building situated on block 34, in the city of Texarkana, Miller…

2Cases cited4 opinions

  1. Paragould v. LawsonSupreme Court of Arkansas · 1908
  2. Williams v. CitizensSupreme Court of Arkansas · 1883
  3. State v. BaileySupreme Court of Arkansas · 1884
  4. Gazola v. StateSupreme Court of Arkansas · 1885

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