Hughes v. Arkansas & Oklahoma Railroad
Supreme Court of Arkansas
Appeals from Benton Chancery Court. In case No. 5058 the Arkansas & Oklahoma Railroad Company brought suit in chancery against G. A. Hughes, as mayor of the incorporated town of Gravette, alleging that the council of said town had enacted a certain Ordinance No. 41; that defendant has threaténed to and will enforce said ordinance, unless restrained from doing so; that the council had no authority to pass said ordinance, and the mayor’s court had no authority to assess any…
Read the full summary
Appeals from Benton Chancery Court. In case No. 5058 the Arkansas & Oklahoma Railroad Company brought suit in chancery against G. A. Hughes, as mayor of the incorporated town of Gravette, alleging that the council of said town had enacted a certain Ordinance No. 41; that defendant has threaténed to and will enforce said ordinance, unless restrained from doing so; that the council had no authority to pass said ordinance, and the mayor’s court had no authority to assess any penalty thereunder. . The ordinance was in the following terms: “ORDINANCE No. 41. “An ordinance to require railroads…
1Opinion of the CourtHill, C. J.
These cases are consolidated in this court by consent; No. 5058 being an appeal from a decree perpetually enjoining Hughes, as mayor of Gravétte, and his successors in office, from enforcing the provisions of Ordinance No. 41 of said town; and No. 5469 is an appeal by the town.from a judgment in its favor for $170 for damages sustained by reason of improper crossing of the public streets by the appellee railroad company. The ordinance in question will be set out by the Reporter in the statement of facts. It is practically a copy of sections 6681-6684, Kirby’s Digest, with this change only:…
2Cases cited4 opinions
- Van Buren v. TexarkanaSupreme Court of Arkansas · 1890
- Texarkana v. LeachSupreme Court of Arkansas · 1898
- Hot Springs v. CurrySupreme Court of Arkansas · 1897
- Fitzgerald v. SaxtonSupreme Court of Arkansas · 1894
3Cited by3 opinions
- Willis v. City of Fort SmithSupreme Court of Arkansas · 1916
- St. Louis & San Francisco Railroad v. FayettevilleSupreme Court of Arkansas · 1905
- Pulaski Gas Light Co. v. RemmelSupreme Court of Arkansas · 1911