Marianna v. Vincent
Supreme Court of Arkansas
Appeal from Lee Circuit Court. Hance N. Hutton,'Judge, The only test of the power of cities and towns to pass penal ordinances is whether or not such ordinances are “inconsistent with the laws of the state.” Band. & H. Dig., § 5146; 53 Ark. 368. The ordinance in question was not, 37 Ark. 382. The appellant had no power to prohibit single or occasional sales of liquor, under Band. & H. Dig., § 5132. 31 Ark. 462; 46 Ark. 362; 34 Ark. 557; 27 Ark. 557; 45 Ark 455.
1Opinion of the CourtBunn, C. J.
On the 16th March, 1899, B. F. Latta, the marshal of the town of Marianna, Lee comity, Arkansas, made affidavit for a warrant of arrest against the defendant, in these words, to-wit: “To the best of my knowledge and belief, I hereby state that Louis Vincent did, in the town of Marianna on the 16th day of March, 1899, sell to King Crawford a bottle of whiskey, and pray a warrant for his arrest.” On this affidavit the mayor of said city issued the following warrant, to-wit: “To B. F. Latta, Marshal: ‘It appearing that there are reasonable grounds for believing that Louis Vincent has committed…
2Cases cited2 opinions
- Tuck v. Town of WaldronSupreme Court of Arkansas · 1876
- Town of Magnolia v. Sharman & Co.Supreme Court of Arkansas · 1885
3Cited by11 opinions
- Fort v. BrinkleySupreme Court of Arkansas · 1908
- City of Hot Springs v. GraySupreme Court of Arkansas · 1949
- Hill v. StateSupreme Court of Arkansas · 1927
- Drifoos v. City of JonesboroSupreme Court of Arkansas · 1913
- Fly v. Fort SmithSupreme Court of Arkansas · 1924
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