Foreman v. Town of Marianna
Supreme Court of Arkansas
APPEAL from Lee Circuit Court. Hon. M. T. Sanders Circuit Judge. It was error to allow the petition to be amended. The whole territory, as far as the inhabitants of the town were concerned, became part of the town upon the vote being taken, unless a remonstrance should be sustained, and the County Court had no authority to exclude any part of it. Corporation Aot 1875, See’s. 84, 35, 36, 87 and 90; 33 Ark., 508; 1 Dillon on Mun.
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APPEAL from Lee Circuit Court. Hon. M. T. Sanders Circuit Judge. It was error to allow the petition to be amended. The whole territory, as far as the inhabitants of the town were concerned, became part of the town upon the vote being taken, unless a remonstrance should be sustained, and the County Court had no authority to exclude any part of it. Corporation Aot 1875, See’s. 84, 35, 36, 87 and 90; 33 Ark., 508; 1 Dillon on Mun. Corp. Sec. 40. 'The growth of the town does not require the extension, and the annexation was unnecessarily large. There is more open ground than there was in the…
1Opinion of the CourtEakin, J.
After a vote of the citizens, and other proceedings of a preliminary character, had been duly taken as required by statute, the town of Marianna applied to the County Court, to annex and include within its corporate limits and jurisdiction, certain territory lying to the West and North of its old boundaries. Against this application there was a remonstrance by appellants. The matter was heard upon evidence, and the court declared, that, in its judgment, it was right and proper that the petition for annexation should be granted. It ordered that the annexation be confirmed, and that the…
2Cited by32 opinions
- Tumey v. OhioSupreme Court of the United States · 1927
- MODDY v. City of University ParkCourt of Appeals of Texas · 1955
- Mears v. HallSupreme Court of Arkansas · 1978
- Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
- Batesville v. BallSupreme Court of Arkansas · 1911
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