State v. Sewell
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The indictment charged a misdemeanor in the language of the statute. Mansf. Dig., 3330. This section permits one aggrieved to go before a justice, but does, and could, not make that the only course. The circuit court could not be deprived of jurisdiction. State v. Devers, 34 Ark., i8g; McLure v. State, 37 Ark., 42J. The statute was made for the benefit of the public—not for the gain of the individual.
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APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The indictment charged a misdemeanor in the language of the statute. Mansf. Dig., 3330. This section permits one aggrieved to go before a justice, but does, and could, not make that the only course. The circuit court could not be deprived of jurisdiction. State v. Devers, 34 Ark., i8g; McLure v. State, 37 Ark., 42J. The statute was made for the benefit of the public—not for the gain of the individual. Putting in motion must not be dependent upon the fancy or caprice of a single person, but the public prosecutor should be…
1Opinion of the CourtCockrill, C. J.
The appellee was indicted under the following statute:
‘'Any person detained at any public ferry by reason of such ferryman not having sufficient boats or other crafts, and hands to work the same, or by neglecting his duty in any way, may make application to some justice of the peace, in the township where the ferry is located, for a warrant of arrest; and said justice is hereby required to issue the same, and impose such fine, on such ferryman, not exceeding twenty-five dollars, as to such justice may seem just and equitable.” Mansf. Digest, Sec. 3330.
A general demurrer to the indictment was…
2Cited by14 opinions
- Hodges v. DawdySupreme Court of Arkansas · 1912
- Kirk v. HighSupreme Court of Arkansas · 1925
- Polk County v. Mena Star Co.Supreme Court of Arkansas · 1927
- McDonald v. WassonSupreme Court of Arkansas · 1934
- Boone County Board of Education v. TaylorSupreme Court of Arkansas · 1932
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