Alexander v. State
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; Alexander M. Dueeie, Judge; Appellant was protected by the license issued to him under the order of the county court. The county court having jurisdiction to pass upon the sufficiency of the petition presented for license, its order, even if erroneous, was not void. 55 Ark. 208; Black on Judgments, § 183. It will be presumed to have acted on facts sufficient to sustain its action. 53 Ark. 478, and cases cited.
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Appeal from Hot Spring Circuit Court; Alexander M. Dueeie, Judge; Appellant was protected by the license issued to him under the order of the county court. The county court having jurisdiction to pass upon the sufficiency of the petition presented for license, its order, even if erroneous, was not void. 55 Ark. 208; Black on Judgments, § 183. It will be presumed to have acted on facts sufficient to sustain its action. 53 Ark. 478, and cases cited. Being a court of original jurisdiction for the purpose of issuing liquor license, its proceedings cannot be collaterally inquired into. 28 Ark.…
1Opinion of the CourtMcCulloch, J.
The appellant was indicted, under section 6882, Kirby’s Digest, for the offense of engaging in the business of selling spirituous, vinous and malt liquors without having paid the'tax required by law, and was convicted and adjudged to pay a fine of $1,600.
The facts are undisputed. On January 7, 1902, the county court of Hot Springs County, upon petition of a majority of adult inhabitants residing within three miles of a schoolhouse in Malvern, made an order, as provided by law, prohibiting the sale of intoxicating liquors within that radius. On January 14, 1904, the county court, upon petition…
2Cases cited11 opinions
- Chamberlain v. StateSupreme Court of Arkansas · 1887
- Lydick v. KornerNebraska Supreme Court · 1884
- Hencke v. StandifordSupreme Court of Arkansas · 1899
- Doran v. Phillips ex rel. Village of Mount MorrisMichigan Supreme Court · 1881
- Zielke v. StateNebraska Supreme Court · 1894
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3Cited by1 opinion
- Argenta Retail Liquor-Dealers' Ass'n v. McClureSupreme Court of Arkansas · 1914