Merrill v. City of Van Buren
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; 1. If the power to pass this ordinance is not given by Kirby’s Digest, §§ 5438, 5450 and 5453, the ordinance is void.
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Appeal from Crawford Circuit Court; James Cochran, Judge; 1. If the power to pass this ordinance is not given by Kirby’s Digest, §§ 5438, 5450 and 5453, the ordinance is void. A municipal corporation has no powers except such as are specifically delegated to it. 3 Ark. 114; 45 Id. 454; 27 Id. 467; 31 Id. 462. 2. A cotton gin is not per se a nuisance. 93 Ark. 362. A city has no power to prevent the sale of fresh pork within its limits. 64 Ark. 424. The running at large of fowls is not a nuisance per se. 70 Ark. 12. 3. If cattle or hogs while running at large are under the supervision or care…
1Opinion of the CourtSmith, J.
Appellant was convicted for a violation of an ordinance of the City of Van Burén which provides “that it shall be unlawful for any chickens, geese, turkeys, guineas, and like and similar fowls to run at large within the corporate limits of Van Burén, Arkansas.” Section 2 of the ordinance reads as follows:
“That the running at large within the corporate limits of said City, above described, stock, fowls and animals, is hereby declared to be a nuisance and any owners or controller or manager of any of above-dsscribed animals who suffer the same to run at large as above specified shall be guilty…
2Cases cited5 opinions
- O'Donnell v. SegarMichigan Supreme Court · 1872
- Ex parte FooteSupreme Court of Arkansas · 1901
- Town of Arkadelphia v. ClarkSupreme Court of Arkansas · 1889
- National Lumber Co. v. SnellSupreme Court of Arkansas · 1886
- Burnett v. StateSupreme Court of Arkansas · 1904
3Cited by10 opinions
- Leggett v. StateSupreme Court of Arkansas · 1957
- City of Piggott v. EblenSupreme Court of Arkansas · 1963
- Wilkins v. City of HarrisonSupreme Court of Arkansas · 1951
- City of Springdale v. ChandlerSupreme Court of Arkansas · 1953
- Arkansas State Board of Architects v. ClarkSupreme Court of Arkansas · 1956
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