Ex parte Levy
Supreme Court of Arkansas
APPEAL from Jefferson Circuit' Court. Hon. J. A. "Williams, Circuit Judge. There cau be no doubt as to the right of appeal from the County Court. That is a constitutional right which the legislature could not take away, even if it wished to do so. Simpson v. Simpson, 25 Ark., 487; O’Bannon v. Ragan, 30 Id., 181; Anthony ex parte, Id., 358; Pope v. Ashley 13 Id.; 286. Although the legislature canrfot take away the right, yet it may regulate it.
Read the full summary
APPEAL from Jefferson Circuit' Court. Hon. J. A. "Williams, Circuit Judge. There cau be no doubt as to the right of appeal from the County Court. That is a constitutional right which the legislature could not take away, even if it wished to do so. Simpson v. Simpson, 25 Ark., 487; O’Bannon v. Ragan, 30 Id., 181; Anthony ex parte, Id., 358; Pope v. Ashley 13 Id.; 286. Although the legislature canrfot take away the right, yet it may regulate it. This has bt en done* by an act which declares “that appeals shall be granted as a matter of right to the Circuit Court from all final orders and…
1Opinion of the CourtEakin, J.
Leon Levy, under the Act of March 8th, 1879, as amended, applied to the County Court of Jefferson county for a license to retail liquors in the city of Pine Bluff, accompanying his petition with a sufficient bond, conditioned as required by law. On the 7th day of January 1884, the petition was rejected, and he appealed from the order to the Circuit Court.
The matter was there heard upon a motion to dismiss the appeal for want of jurisdiction. The court, seems to have treated the appeal as a petition for mandamus, which it overruled and dismissed. Levy took a bill of exceptions and appealed…
2Cases cited7 opinions
- Austin v. StateSupreme Court of Missouri · 1847
- Zanone v. Mound CityIllinois Supreme Court · 1882
- People ex rel. Besse v. Village of CrottyIllinois Supreme Court · 1879
- City of East St. Louis v. WehrungIllinois Supreme Court · 1868
- Blair v. KilpatrickIndiana Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hammer v. StateIndiana Supreme Court · 1909
- Ex parte KingSupreme Court of Arkansas · 1919
- McClure v. TopfSupreme Court of Arkansas · 1914
- State Ex Rel. Grimes v. Board of CommissionersNevada Supreme Court · 1931
- Massongill v. County of ScottSupreme Court of Arkansas · 1997
10 more not listed; retrieve them via the Exa API.