Ross v. Desha Levee Board
Supreme Court of Arkansas
Appeal from Desha Circuit Gourt; Antonio B. Grace, Judge, This case is to be distinguished, as to the constitutionality'of the .act in question, from the Gans case, 69 Ark. 232, sustaining the act authorizing the destruction of liquors shipped into a prohibited district to be sold .contrary to law.
Read the full summary
Appeal from Desha Circuit Gourt; Antonio B. Grace, Judge, This case is to be distinguished, as to the constitutionality'of the .act in question, from the Gans case, 69 Ark. 232, sustaining the act authorizing the destruction of liquors shipped into a prohibited district to be sold .contrary to law. That case and the act it sustained are based upon the unlawful sale of liquors; whereas ■the act in question here in effect justifies the confiscation and destruction .of peaceable domestic property, the right to which the owner holds, yielding his sovereignty therein, if at all, only to the State…
1Opinion of the CourtBaTTee, J.
J. S. Ross brought an action before a justice of the peace of Desha County against the Desha Eevee Board, to recover the value of eight hogs alleged to have been killed by and in pursuance of the order of the defendant, and to be of the value of $68.10. In trials before the justice of the peace, and in the Desha Circuit Court on appeal, the defendant recovered judgment, and the plaintiff appealed to this court.
The defense of appellee was based upon the act of the General Assembly of the State of Arkansas in the following words and figures:
“Section 1. R is hereby made unlawful to permit the…
2Cases cited5 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Sentell v. New Orleans & Carrollton R. Co.Supreme Court of the United States · 1897
- Kirkland v. StateSupreme Court of Arkansas · 1904
- Garland Novelty Co. v. StateSupreme Court of Arkansas · 1902
- Ferguson v. JoseySupreme Court of Arkansas · 1902
3Cited by2 opinions
- Nelson v. City of MinneapolisSupreme Court of Minnesota · 1910
- Howell v. DaughetSupreme Court of Arkansas · 1921