McClendon v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. Mandamus will not lie to compel the performance of a ministerial duty, where any discretion upon the part of the officer is involved, nor where there is any other remedy. 118 Ark. 166. 2. The ordinance was not legally passed over the mayor’s veto. Housley and Ledwidge were not residents of the ward they claimed to represent as aldermen.
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. Mandamus will not lie to compel the performance of a ministerial duty, where any discretion upon the part of the officer is involved, nor where there is any other remedy. 118 Ark. 166. 2. The ordinance was not legally passed over the mayor’s veto. Housley and Ledwidge were not residents of the ward they claimed to represent as aldermen. Kirby’s Digest, § § 5597-8, 5602; 82 Ark. 529; 66.Id. 201; 68 Id. 555; 80 Id. 369. 3. The city council had no authority to make the contract, or pass the ordinance for making it, while the district was…
1Opinion of the CourtSmith, J.
In 1905 an improvement district was formed for the purpose of paving Central avenue and other streets in the city of ITot Springs. On April 2, 1906, a contract was entered into between the improvement district and the Barber Asphalt Paving Company to pave said streets with asphalt. The paving contract contained a clause whereby the paving company agreed to make certain repairs for a period of ten years after the completion of its contract. The streets were paved, and after a few years’ use became out of repair, and the paving company was called upon to make the necessary repairs, which it…
2Cases cited6 opinions
- English v. ShelbySupreme Court of Arkansas · 1915
- Moore v. TurnerSupreme Court of Arkansas · 1884
- Murphy v. ShepardSupreme Court of Arkansas · 1889
- Eureka Fire Hose Co. v. FurrySupreme Court of Arkansas · 1916
- Barton v. LattouretteSupreme Court of Arkansas · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Faucette v. GerlachSupreme Court of Arkansas · 1918
- Pennington v. OliverSupreme Court of Arkansas · 1968
- Stevens v. ShullSupreme Court of Arkansas · 1929
- Forrest City Grocer Co. v. CatlinSupreme Court of Arkansas · 1936
- State Ex Rel. State Historical Society v. CarrollWisconsin Supreme Court · 1952
7 more not listed; retrieve them via the Exa API.