Hickey v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Paul Little, Judge; 1. Kirby’s Digest, § 5133 has no application to sales made out of the State. If it did the act is void. Soliciting orders for a dealer out of the State is not a violation of the statute. 24 L. R. A. 270; 78 S. W. 951; 82 Ark. 405; 99 Id. 563. 1. The liquor laws are cumulative. Defendant was tried under section 5133, Kirby’s Digest and Acts 1907, Act 135 which changes the common law rule as to agency.
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Appeal from Sebastian Circuit Court; Paul Little, Judge; 1. Kirby’s Digest, § 5133 has no application to sales made out of the State. If it did the act is void. Soliciting orders for a dealer out of the State is not a violation of the statute. 24 L. R. A. 270; 78 S. W. 951; 82 Ark. 405; 99 Id. 563. 1. The liquor laws are cumulative. Defendant was tried under section 5133, Kirby’s Digest and Acts 1907, Act 135 which changes the common law rule as to agency. The solicitation of orders for liquor makes out an offense. 114 Ark. 149. His acceptance of the order and the delivery in this State is a…
1Opinion of the CourtHart, J.
This action was instituted by the prosecuting attorney of the twelfth judicial circuit against J. E. •Hickey to enjoin him from using a certain building in the city of Fort Smith for the purpose of soliciting orders for the sale of whiskey.
The prosecuting attorney proceeded under an act entitled an act to define certain public nuisances and to provide for the abatement thereof. See Acts of 1915, p. 408.
The facts are as follows: Prior to our act prohibiting the issuance of liquor licenses in the State of Arkansas approved February 6, 1915, * the defendant Hickey was engaged in operating a…
2Cases cited2 opinions
- Delamater v. South DakotaSupreme Court of the United States · 1907
- State ex rel. Black v. DelayeSupreme Court of Alabama · 1915
3Cited by9 opinions
- Adams v. StateSupreme Court of Arkansas · 1922
- Vandergriff v. StateSupreme Court of Arkansas · 1965
- Digiacomo v. StateSupreme Court of Arkansas · 1937
- Foley v. StateSupreme Court of Arkansas · 1940
- McKee v. American Trust Co.Supreme Court of Arkansas · 1924
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