American Building & Loan Ass'n v. State
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. The appellant is not guilty under the statute. Kirby’s Digest, 9843-4. The statute is in derogation of the common law and must be strictly construed. 79 Ark. 517. Before a conviction can be sustained under the statute the following facts must appear: (1) The person charged must have dug the well; (2) the person charged must have left or abandoned the well; (3) the well must have been dug or abandoned upon unenclosed…
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Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. The appellant is not guilty under the statute. Kirby’s Digest, 9843-4. The statute is in derogation of the common law and must be strictly construed. 79 Ark. 517. Before a conviction can be sustained under the statute the following facts must appear: (1) The person charged must have dug the well; (2) the person charged must have left or abandoned the well; (3) the well must have been dug or abandoned upon unenclosed property. These are the plain words of the statute without addition or interpretation. There is absolutely no proof nor…
1Opinion of the CourtSmith, J.
At the trial from which this appeal comes the appellant was found guilty under an indictment charging it with permitting a well to remain uncovered on an uninclosed lot owned by it in the city of Benton. The indictment also alleged that two mules, of the value of $500, the property of S. McLehaney, had fallen into the well and been killed. The verdict of the jury fixed the value of the mules at $500-, and judgment for twice that amount was rendered against appellant.
The appellant company had a loan secured by mortgage on the lot in question and acquired title to the lot under a foreclosure…
2Cases cited4 opinions
- Misch v. RussellIllinois Supreme Court · 1891
- Johns v. PattersonSupreme Court of Arkansas · 1919
- Crabtree v. StateSupreme Court of Arkansas · 1916
- Clay v. El Dorado Hotel Co.Supreme Court of Arkansas · 1915
3Cited by3 opinions
- Jones v. SmithSupreme Court of Arkansas · 1924
- Frauenthal v. MortonSupreme Court of Arkansas · 1921
- Campbell Hengst v. DouthitSupreme Court of Arkansas · 1926