Ex parte Foote
Supreme Court of Arkansas
Certiorari to Cross- Chancery Court. Edward D. Robertson, Chancellor. The constitutionality of an act under which a party has been convicted may be inquired into by habeas corpus. 3 Am. St. 901; 23 Am. S.t. 110; 31 Am. St. 94; 100 IJ. S. 371; 58 Am. St. 576; Church, Iiab. Cor. § 83; 27 Ark. 467. Municipal ordinances must be confined to those objects over which power is expressly conferred by charter. 27 Ark. 467; 41 Ark. 526; 10 Wall. 497; 52 Ark. 23; 7 Am.
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Certiorari to Cross- Chancery Court. Edward D. Robertson, Chancellor. The constitutionality of an act under which a party has been convicted may be inquired into by habeas corpus. 3 Am. St. 901; 23 Am. S.t. 110; 31 Am. St. 94; 100 IJ. S. 371; 58 Am. St. 576; Church, Iiab. Cor. § 83; 27 Ark. 467. Municipal ordinances must be confined to those objects over which power is expressly conferred by charter. 27 Ark. 467; 41 Ark. 526; 10 Wall. 497; 52 Ark. 23; 7 Am. St. 640. Residents in towns and cities must accept the inconveniences incident thereto, so long as they are not positive nuisances. 5 Am.…
1Opinion of the CourtBattle, J.
W. E. Eoote was accused and convicted in the mayor’s court of the town of Wynne, in this state, of a violation of section 2 of the following ordinance:
“Be it ordained by the towm council of the incorporated town of Wynne, Arkansas:
“Sec. 1. It shall be unlawful for any person to stand any stallion or jackass, for the purpose of foaling mares, within the limits of the incorporated town of Wynne.
“Sec. 2. The keeping of any jackass within the limits of said town, in the hearing distance of the populace of said town, is hereby declared a nuisance, and is hereby made unlawful.
“Sec. 3. Any person…
2Cases cited2 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Town of Arkadelphia v. ClarkSupreme Court of Arkansas · 1889
3Cited by21 opinions
- City of Fort Smith v. Van ZandtSupreme Court of Arkansas · 1938
- Herring v. StannusSupreme Court of Arkansas · 1925
- Ex parte BylesSupreme Court of Arkansas · 1910
- Boyd v. City of Sierra MadreCalifornia Court of Appeal · 1919
- Mitchell v. StateSupreme Court of Arkansas · 1961
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