Legal Opinion

Hopper v. Fagan

Supreme Court of Arkansas

Decided January 23, 1922PublishedCited by 9 opinions

Appeal from Pulaski Chancery Court; J. E. Martineau, Chancellor; STATEMENT OP PACTS. E. M. Fagan, a citizen and taxpayer of the State, brought suit in equity against Ira C. .Hopper, as Secretary of State, and the Union Acoustical Company, of St. Louis, Mo., to enjoin them from carrying out a contract for the improvement of the acoustics in the hall of the House of Eepresentatives.

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Appeal from Pulaski Chancery Court; J. E. Martineau, Chancellor; STATEMENT OP PACTS. E. M. Fagan, a citizen and taxpayer of the State, brought suit in equity against Ira C. .Hopper, as Secretary of State, and the Union Acoustical Company, of St. Louis, Mo., to enjoin them from carrying out a contract for the improvement of the acoustics in the hall of the House of Eepresentatives. The defendants filed an answer to the complaint, and the plaintiffs then demurred to the answer. Subsequently, Allen Kennedy and Jas. E. Wood, also citizens and taxpayers, filed a complaint against the same…

1Opinion of the CourtHart, J.

(after stating the facts). It appears from the allegations of the complaint that the act under consideration did not receive a majority of two-thirds of both houses of the General Assembly. Therefore, it is c1aimed that the a.c+ is in violation of art. 5, § 31, of the Constitution of 1874, which provides, in substance, that no appropriation of money shall be made except to raise means for defraying the necessary expenses of government except by a majority of two-thirds of both houses of the General Assembly.

In State v. Sloan, 66 Ark. 575, the eonrt held that an appropriation for building a…

2Cases cited8 opinions

  1. State v. SloanSupreme Court of Arkansas · 1899
  2. Ellison v. OliverSupreme Court of Arkansas · 1921
  3. Benton v. WillisSupreme Court of Arkansas · 1905
  4. State v. SewellSupreme Court of Arkansas · 1885
  5. Beavers v. StateSupreme Court of Arkansas · 1895

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Cook v. BevillSupreme Court of Arkansas · 1969
  2. Parkin Prtg. & Stat. Co. v. Ark. Prtg. & Litho. Co.Supreme Court of Arkansas · 1962
  3. Democrat Printing & Lithographing Co. v. ParkerSupreme Court of Arkansas · 1936
  4. Hardin, Com'r of Revenues v. CassinelliSupreme Court of Arkansas · 1942
  5. Thompson v. MannSupreme Court of Arkansas · 1923

4 more not listed; retrieve them via the Exa API.

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