Harvey v. Dewoody
Supreme Court of Arkansas
Error to the Circuit Court of Prairie■ county. The points in this case are simple and few: the special causes of demurrer point out the objections to the plea, sufficiently — although the act of incorporation gives the town council power to prevent and remove nuisances. See Acts of 1854, page 68, sec. 7. Yet, the Council is bound by the constitution and laws of the land.
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Error to the Circuit Court of Prairie■ county. The points in this case are simple and few: the special causes of demurrer point out the objections to the plea, sufficiently — although the act of incorporation gives the town council power to prevent and remove nuisances. See Acts of 1854, page 68, sec. 7. Yet, the Council is bound by the constitution and laws of the land. See Constitution of Arkansas, art. 2, see. 6, 9 and 10. The powers and privileges of corporations and corporation courts, are limited and special, and no presumptions are indulged in favor of their exercise; and the party…
1Opinion of the CourtJustice Hanly
The plaintiff in error impleaded the defendants, six in number, in trespass, in the Prairie Circuit Court. The declaration contains three counts, in substance as follows: 1st. “That the defendants, on the 1st March, 1855, and on divers other days and times, between that period and the commencement of the suit, (July 18th, 1855,) did instigate and procure one of their number, to wit: the defendant Robinson, to enter with force and arms, against the peace and dignity of the State of Arkansas, a certain lot, No. 8, in block No. 24, in the town of Des Arc, county of Prairie, and after so…
2Cases cited4 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- Vanderbilt v. AdamsNew York Supreme Court · 1827
- Gleason v. GarySupreme Court of Connecticut · 1822
3Cited by14 opinions
- Baumgartner v. HastyIndiana Supreme Court · 1885
- Lonoke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
- Smith v. Western Hide & Fur Co.Supreme Court of Arkansas · 1922
- Cummings v. LobsitzSupreme Court of Oklahoma · 1914
- Colbert v. StateCourt of Criminal Appeals of Oklahoma · 1912
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