Smith v. Dodson
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The ordinance is constitutional and valid. Acts of Incorporation, see. 16; Mills on Em. Dom., secs. 6, 7 and 8; Mayor of Cartersville v. Lanham, 13 Law Reporter, 552; 26 Mich., 476; 10 Lea {Tenn.), 85; 80 III., 459 ; Dillon Man.
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APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The ordinance is constitutional and valid. Acts of Incorporation, see. 16; Mills on Em. Dom., secs. 6, 7 and 8; Mayor of Cartersville v. Lanham, 13 Law Reporter, 552; 26 Mich., 476; 10 Lea {Tenn.), 85; 80 III., 459 ; Dillon Man. Corp., vol. 1, p. 284. The court excluded the ordinance upon the ground that the costs and charges were incident to a penalty.' The costs of the proceedings means cost of seizing, impounding, feeding, etc., and merely the costs of any trial. The power may be exercised without imposing a…
1Opinion of the Court
Cockrill, O. J.
The marshal of the city of Port Smith, finding a hog belonging to the appellee at' large upon the streets of the city, seized and impounded it, and after-wards sold it at public outcry. The appellee recovered judgment for the value of the animal in an action against the city. On the trial the city offered to justify the act by proving a sale .under an ordinance passed-by the council, authorizing the impounding and sale of swine found running at large, but the court ruled that the ordinance was invalid, and rejected the evidence offered. This ruling of the court is the only…
2Cases cited6 opinions
- Varden v. MountCourt of Appeals of Kentucky · 1879
- Gilchrist v. SchmidlingSupreme Court of Kansas · 1873
- Gosselink v. CampbellSupreme Court of Iowa · 1856
- Grover v. HuckinsMichigan Supreme Court · 1873
- Campau v. LangleyMichigan Supreme Court · 1878
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3Cited by7 opinions
- Burdett v. AllenWest Virginia Supreme Court · 1891
- Howell v. DaughetSupreme Court of Arkansas · 1921
- Morgan v. City of LakelandSupreme Court of Florida · 1925
- De Queen v. FentonSupreme Court of Arkansas · 1911
- McKenzie v. NewtonSupreme Court of Arkansas · 1909
2 more not listed; retrieve them via the Exa API.