City of Argenta v. Keath
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Mar-tineau, Chancellor; 120 Ark. 226 is not conclusive of this case. The ordinances are differently worded and seek to accomplish different objects.
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Appeal from Pulaski Chancery Court; John E. Mar-tineau, Chancellor; 120 Ark. 226 is not conclusive of this case. The ordinances are differently worded and seek to accomplish different objects. It is the dnty of the courts to give effect to the intention of the Legislature and not defeat it. 40 Ark. 431; 58 Id. 116; 83 Id. 116; 104 Id. 593; 109 Id. 564; 112 Id. 123; 114 Id. 260; 121 Id. 349. Less regard is to he paid to the words used than to the policy which dictated the act. 28 Ark. 200. The ordinance is legal, and should he upheld. 83 Atl. 770. See 85 S. E. 781; 153 Pac. 1194; 178 S. W. 6;…
1Opinion of the Court
WOOD, J.,
(after stating the facts). A municipal corporation has no powers except those expressly conferred by the Legislature, and those necessarily or fairly implied as incident to or essential for the attainment of the purposes expressly declared. Willis v. City of Fort Smith, 121 Ark. 606; Bain v. Fort Smith Light & Traction Co., 116 Ark. 125, 134; Morrilton Waterworks Imp. Dist. v. Earl, 71 Ark. 4.
In Willis v. City of Fort Smith, supra, we said: ‘‘ The State has the right to regulate and control the use of motor vehicles except as it has granted such right to other governmental agencies,…
2Cases cited8 opinions
- City of Coldwater v. TuckerMichigan Supreme Court · 1877
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- Willis v. City of Fort SmithSupreme Court of Arkansas · 1916
- Morrilton Waterworks Improvement District v. EarlSupreme Court of Arkansas · 1903
- Eureka Springs v. O'NealSupreme Court of Arkansas · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- City of Little Rock v. RainesSupreme Court of Arkansas · 1967
- Perry v. StateSupreme Court of Arkansas · 1990
- Pfeifer v. City of Little RockSupreme Court of Arkansas · 2001
- Star Transportation Co. v. City of Mason CitySupreme Court of Iowa · 1923
- Bennett v. City of HopeSupreme Court of Arkansas · 1942
16 more not listed; retrieve them via the Exa API.