Fort v. Brinkley

CourtSupreme Court of Arkansas
Writing for the CourtHART, J.
Citation112 S.W. 1084,87 Ark. 400
PartiesFORT v. BRINKLEY
Decision Date05 October 1908

112 S.W. 1084

87 Ark. 400

FORT
v.
BRINKLEY

Supreme Court of Arkansas

October 5, 1908


Appeal from Monroe Circuit Court; Eugene Lankford, Judge; reversed.

STATEMENT BY THE COURT.

P. W. Fort was on the 21st day of October, 1907, tried and fined by T. H. Jackson, mayor of the city of Brinkley, for the unlawful sale of intoxicating liquors, known as Fort's Tonic, and in addition to the fine imposed upon the appellant his license to practice medicine in the State of Arkansas was revoked.

Fort appealed from that portion of the judgment revoking his license to practice medicine, and the cause was submitted to the Monroe Circuit Court, sitting as a jury, upon the following agreed statement of facts, to-wit:

"The defendant, P. W. Fort, at the time of his arrest, was a practicing physician in the city of Brinkley, and had been for a long time before. And on the 19th day of October, 1907, the city marshal, R. E. Smith, filed an affidavit in the mayor's court of the city of Brinkley, charging the defendant, P. W. Fort, with selling intoxicating liquors known as Fort's Tonic. And thereupon Mayor T. H. Jackson issued a warrant for the arrest of the said P. W. Fort upon said affidavit so filed with him by the said R. E. Smith, charging him with the unlawful sale of intoxicating liquors known as Fort's Tonic; and on the 21st day of October, 1907, the defendant was brought into court upon said warrant before the mayor, T. H. Jackson, to answer said charge. The city of Brinkley, being represented by C. F. Greenlee, attorney, announced ready for trial, and the defendant announced ready and pleaded not guilty to the charges made in said warrant. The case was tried, and the mayor, T. H. Jackson, after hearing the evidence of witnesses and the argument of counsel for the city of Brinkley, found the defendant guilty as charged and assessed the fine at $ 100 and all costs of the prosecution, and in addition to said fine revoked said defendant's license to practice medicine in the State of Arkansas. The defendant paid his fine and all the costs therein, and appealed from that part of the judgment revoking his license. It is further agreed that the city of Brinkley has no ordinance giving the mayor the right to revoke a physician's license, if he is found guilty of a misdemeanor involving moral turpitude or for any other offense.

"The question that the circuit court is asked to determine is whether or not the mayor has the right to revoke the defendant's license, and, if he did have the right to revoke his license, if the crime committed by the defendant is one involving moral turpitude in the meaning of the statute."

The circuit court, sitting as a jury, rendered the following judgment upon the foregoing agreed statement of facts, to-wit: "Now, on this day, this cause coming on to be heard, comes the plaintiff, by its attorney, C. F. Greenlee, and comes the defendants, by his attorneys, G. Otis Bogle and Thomas & Lee, and both parties announced ready for trial. This cause was submitted to the court upon an agreed statement of facts. It appearing to the court that this is an action to determine if the defendant. P. W. Fort, is guilty of moral turpitude upon his having been convicted of selling an intoxicant called...

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6 practice notes
  • Jonesboro Trust Company v. Nutt, 360
    • United States
    • Supreme Court of Arkansas
    • May 3, 1915
    ...120 Ia. 218, 94 N.W. 469, 470; 123 F. 9, 11; 28 Mont. 468, 72 P. 978, 981; 104 Ark. 459, 465; 82 Ark. 573; 78 Ark. 306; 171 S.W. 1183; 87 Ark. 400. 2. The statute by its own terms is applicable only to sales on credit. There was no sale on credit here, but, if it was a sale at all, it was p......
  • In re Bartos
    • United States
    • U.S. District Court — Panama Canal Zone
    • June 2, 1926
    ...a witness by a record of conviction was reached in McGovern v. Hays & Smith, 75 Vt. 104, 53 A. 326, and in Fort v. City of Brinkley, 87 Ark. 400, 112 S. W. 1084, in a proceeding to revoke the license of a A different view is taken by the Supreme Court of Oklahoma, as expressed in Hendrix v.......
  • Talley v. State, 232
    • United States
    • Supreme Court of Arkansas
    • November 15, 1915
    ...been allowed for the $ 20,027.22 paid to the county by the bank. 67 Ark. 11; 32 Id. 45; 38 Id. 601; 66 Id. 48; 57 Id. 474; 20 Wall. 263; 87 Ark. 400; 143 S.W. 895. The bank had the right to prefer the county in paying its debts. 113 S.W. 408; 18 Ga. 65; 26 Am. Dec. 570; 34 Am. Rep. 286; 33 ......
  • St. Louis, Iron Mountain & Southern Railway Company v. Baker
    • United States
    • Supreme Court of Arkansas
    • July 3, 1911
    ...306; 1 Labatt, Master and Servant, 23 § 15; Id. 131 § 52; Id. 448 § 209; Id. 445 § 208; 89 Ark. 427; 77 Ark. 367; Ark. 218; 90 Ark. 223; 87 Ark. 400. 3. Whether or not the deceased assumed the risk of going upon the crane track was a question for the jury to determine from the evidence with......
  • Request a trial to view additional results
6 cases
  • Jonesboro Trust Company v. Nutt, 360
    • United States
    • Supreme Court of Arkansas
    • May 3, 1915
    ...120 Ia. 218, 94 N.W. 469, 470; 123 F. 9, 11; 28 Mont. 468, 72 P. 978, 981; 104 Ark. 459, 465; 82 Ark. 573; 78 Ark. 306; 171 S.W. 1183; 87 Ark. 400. 2. The statute by its own terms is applicable only to sales on credit. There was no sale on credit here, but, if it was a sale at all, it was p......
  • In re Bartos
    • United States
    • U.S. District Court — Panama Canal Zone
    • June 2, 1926
    ...a witness by a record of conviction was reached in McGovern v. Hays & Smith, 75 Vt. 104, 53 A. 326, and in Fort v. City of Brinkley, 87 Ark. 400, 112 S. W. 1084, in a proceeding to revoke the license of a A different view is taken by the Supreme Court of Oklahoma, as expressed in Hendrix v.......
  • Talley v. State, 232
    • United States
    • Supreme Court of Arkansas
    • November 15, 1915
    ...been allowed for the $ 20,027.22 paid to the county by the bank. 67 Ark. 11; 32 Id. 45; 38 Id. 601; 66 Id. 48; 57 Id. 474; 20 Wall. 263; 87 Ark. 400; 143 S.W. 895. The bank had the right to prefer the county in paying its debts. 113 S.W. 408; 18 Ga. 65; 26 Am. Dec. 570; 34 Am. Rep. 286; 33 ......
  • St. Louis, Iron Mountain & Southern Railway Company v. Baker
    • United States
    • Supreme Court of Arkansas
    • July 3, 1911
    ...306; 1 Labatt, Master and Servant, 23 § 15; Id. 131 § 52; Id. 448 § 209; Id. 445 § 208; 89 Ark. 427; 77 Ark. 367; Ark. 218; 90 Ark. 223; 87 Ark. 400. 3. Whether or not the deceased assumed the risk of going upon the crane track was a question for the jury to determine from the evidence with......
  • Request a trial to view additional results

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