Venable v. Town of Plummerville
Supreme Court of Arkansas
Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. Tbe work was done acceptably under tbe contract, and tbe town paid a part of tbe price. Tbe improvements were necessary and valuable, and appellant was entitled to recover sucb amount as bis services were worth. It was tbe duty of tbe town to keep its streets in repair. Kirby & Castle’s Digest, § 6483; Act March 9, 1875; 61 Ark. 397; Beach on Publ.
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Appeal from Conway Circuit Court; A. B. Priddy, Judge; 1. Tbe work was done acceptably under tbe contract, and tbe town paid a part of tbe price. Tbe improvements were necessary and valuable, and appellant was entitled to recover sucb amount as bis services were worth. It was tbe duty of tbe town to keep its streets in repair. Kirby & Castle’s Digest, § 6483; Act March 9, 1875; 61 Ark. 397; Beach on Publ. Corp., § 217; 47 Ark. 269; 58 Id. 348; 98 Id. 38; 124 Id. 6-9; 28 Cyc. 1044; 36 Cent. Dig., § 880. Tbe town received tbe benefits of labor and money expended for its benefit and is liable.…
1Opinion of the Court
HART, J.,
(after stating the facts).
Section 5473 of Kirby’s Digest, among other things, provides:
‘£ On the passage of every by-law or ordinance, resolution or order, to enter into a contract, by any council of any municipal corporation, the yeas and nays shall be called and recorded; and to pass any by-law or ordinance, resolution or order, a concurrence of a majority of a whole number of members elected to the council shall be required.”(1) Section 5456 provides that they (municipal corporations) shall have power to improve and repair their streets and alleys. Neither the mayor of the town of…
2Cases cited5 opinions
- Frick v. BrinkleySupreme Court of Arkansas · 1895
- Texarkana v. FriedellSupreme Court of Arkansas · 1907
- Forrest City v. OrgillSupreme Court of Arkansas · 1908
- Cutler v. Town of RussellvilleSupreme Court of Arkansas · 1882
- City of Mena v. Tomlinson Bros.Supreme Court of Arkansas · 1915
3Cited by3 opinions
- Natural Gas & Fuel Corp. v. Norphlet Gas & Water Co.Supreme Court of Arkansas · 1927
- Thomas v. SewellSupreme Court of Arkansas · 1931
- American Hardwood Lumber Co. v. City of BentonSupreme Court of Arkansas · 1918