Drew County v. Bennett
Supreme Court of Arkansas
APPEAL from Drew Circuit Court. Hon. J. M. Bradley, Circuit Judge. The only effect of par. 5 Sec. 4, or of the 5th division of Sec. 5. Rev. Act 1883, was to practically amend Sec’s. 2 & 4 of Act March 8th 1879, so that dealers as referred to in these sections could sell in any quantity. There is nothing that expressly or impliedly abrogates the proviso in Sec. 2, “ that it shall not be lawful to allow the same drank in the house or plaee of business of the vendor.”
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APPEAL from Drew Circuit Court. Hon. J. M. Bradley, Circuit Judge. The only effect of par. 5 Sec. 4, or of the 5th division of Sec. 5. Rev. Act 1883, was to practically amend Sec’s. 2 & 4 of Act March 8th 1879, so that dealers as referred to in these sections could sell in any quantity. There is nothing that expressly or impliedly abrogates the proviso in Sec. 2, “ that it shall not be lawful to allow the same drank in the house or plaee of business of the vendor.” Hence an applicant for license must pay the amount specified in Sec, 4 Act 1879, as amended by Act 1883, and such additional sum…
1Opinion of the CourtSmith, J.
The Drew County Court required Bennett to pay a County tax of $45Q before it would grant him a license to keep a dram-shop for the year 1884. He paid it under protest and sued the County for $50, alleging that no more than $400 could be legally demanded of him for this purpose. The County Court dismissed his petition upon demurrer; but in the Circuit Court on appeal, it was ordered that the $50 be refunded.
trialc^coa^ie of Constitutional restraints, the regulaof the traffic in liquors is wholly within legislative control. The G-eneral Assembly may prohibit it altogether, or may empower…
2Cited by5 opinions
- Brunson v. Board of DirectorsSupreme Court of Arkansas · 1913
- Chamberlain v. StateSupreme Court of Arkansas · 1887
- In re SarloSupreme Court of Arkansas · 1905
- Weiss v. ChaversSupreme Court of Arkansas · 2004
- Weiss v. ChaversSupreme Court of Arkansas · 2004