Arkansas Light & Power Co. v. Paragould
Supreme Court of Arkansas
Appeal from -Greene Circuit Court, First Division; B. II. Dudley, Judge; 1. The city was without power to make the contract alleged and sued upon. . The city was not acting in its proprietary capacity, but as trustee for the water districts 1 and 2. Kirby’s Digest, § 5675; 117 Ark. 93. It was beyond the power of the city to make the contract.
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Appeal from -Greene Circuit Court, First Division; B. II. Dudley, Judge; 1. The city was without power to make the contract alleged and sued upon. . The city was not acting in its proprietary capacity, but as trustee for the water districts 1 and 2. Kirby’s Digest, § 5675; 117 Ark. 93. It was beyond the power of the city to make the contract. The statute only authorizes the city to operate and maintain the works, and not to reconstruct the system or change the plan of operation, but only to repair. 48 L. R. A. 285. For definition of “maintain” see Anderson’s Diet., p. 646; Universal Diet-,…
1Opinion of the CourtMcCulloch, C. J.
This is an appeal from an order of the circuit court granting a new trial in an action in which appellee sued appellant for alleged breach of contract. In the trial of the case before a jury the court submitted the issues, and the verdict was in favor of appellant. The court sustained appellee’s motion for a new trial, whereupon appellant filed the statutory stipulation making the order granting a new trial a final judgment (Kirby’s Digest, section 1187, subdivision 2), and prosecuted an appeal.
A system of waterworks was constructed in the city of Paragould through the agency of two separate…
2Cases cited5 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Browne v. BentonvilleSupreme Court of Arkansas · 1910
- Town of Augusta v. SmithSupreme Court of Arkansas · 1915
- Thomas B. Whitted & Co. v. Fairfield Cotton MillsCourt of Appeals for the Fourth Circuit · 1913
- Clements v. Knight & Co.Supreme Court of Arkansas · 1916
3Cited by6 opinions
- McCutchen v. Siloam SpringsSupreme Court of Arkansas · 1932
- City of Malvern v. YoungSupreme Court of Arkansas · 1943
- Paragould v. Arkansas Light & Power Co.Supreme Court of Arkansas · 1926
- Brown v. Waterworks Improvement District No. 1Supreme Court of Arkansas · 1921
- Opinion No., Arkansas Attorney General Reports2003
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