Phillips v. Goe
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; A. B. Shafer, Special Judge; Appellees were not aggrieved, within the meaning of the statute, and could not appeal.
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Appeal from Poinsett Circuit Court; A. B. Shafer, Special Judge; Appellees were not aggrieved, within the meaning of the statute, and could not appeal. Kirby’s Digest, § 1487. “He who voluntarily sets on foot a proceeding for the enforcement of a salutary police regulation in any community should not be permitted to capriciously undo his work.” 70 Ark. 178; 51 Ark. 164; 77 Ark. 122; 75 Ark. 157. The right of appeal is to be ¿xercised by the losing party. 73 Ark. 369. The successful party may appeal where the judgment, although in his favor, does not afford the proper relief, or where he is…
1Opinion of the CourtMcCulloch, J.
Sixty-five persons, including appellees Goe and Meyer, claiming to be a majority óf the adult inhabitants residing within three miles of Union Church at Weiner, in Poinsett County, Arkansas, filed their petition in the county court in that county on January 3, 1907, praying that a certain order rendered by that court on January 1, 1903, prohibiting the sale of intoxicating liquors within three miles of said church, be revoked. The county court on the same day, without protest having been made, entered an order in accordance with the prayer of said petition, revoking said prohibition order.
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2Cases cited5 opinions
- Bordwell v. DillsSupreme Court of Arkansas · 1902
- Holmes v. MorganSupreme Court of Arkansas · 1889
- Turner v. WilliamsonSupreme Court of Arkansas · 1906
- Holford v. KirklandSupreme Court of Arkansas · 1902
- Clark v. DanielSupreme Court of Arkansas · 1905
3Cited by3 opinions
- Bailey v. WestSupreme Court of Arkansas · 1912
- Alexander v. PhilpotSupreme Court of Arkansas · 1914
- Sumpter v. BuchananSupreme Court of Arkansas · 1908