Carpenter v. Little Rock
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. J. W. Carpenter instituted an action in the Pulaski Chancery Court against the city of Little Rock, in which he sought to enjoin the enforcement of a milk ordinance. His complaint alleges in substance that he is a citizen and taxpayer of Pulaski County, and is a dairyman selling milk in the city of Little Rock from his own cows.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. J. W. Carpenter instituted an action in the Pulaski Chancery Court against the city of Little Rock, in which he sought to enjoin the enforcement of a milk ordinance. His complaint alleges in substance that he is a citizen and taxpayer of Pulaski County, and is a dairyman selling milk in the city of Little Rock from his own cows. That the city council passed ordinance No. 1711, entitled, “An Ordinance to Protect the Health of the Citizens of Little Rock by Providing for Milk and Dairy Inspection, and…
1Opinion of the Court
Hart, J.,
(after stating the facts.) These two cases were submitted by consent upon the same abstracts and briefs, and considered by the court at the same time.
Section 5461 of Kirby’s Digest, commonly known as the general welfare clause, gives to municipal corporations the power to make and publish such by-laws and ordinances, not inconsistent with the laws of the State, as to them shall seem necessary to provide for the safety, preserve the health, etc., of such corporations and the inhabitants thereof.
Section 5648 of Kirby’s Digest provides that, in order to better provide for the public…
2Cases cited7 opinions
- North American Cold Storage Co. v. City of ChicagoSupreme Court of the United States · 1908
- Waters-Pierce Oil Co. v. Hot SpringsSupreme Court of Arkansas · 1908
- Coats v. HillSupreme Court of Arkansas · 1883
- City of Norfolk v. FlynnSupreme Court of Virginia · 1903
- Trigg v. DixonSupreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Babb v. El DoradoSupreme Court of Arkansas · 1926
- Lybrand v. Wafford (1)Supreme Court of Arkansas · 1927
- State v. WhiteSupreme Court of Arkansas · 1926
- Martels v. WyssSupreme Court of Arkansas · 1916
- Vick Consolidated School District No. 21 v. NewSupreme Court of Arkansas · 1945
13 more not listed; retrieve them via the Exa API.