Luxora v. Jonesboro, Lake City & Eastern Railroad
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; B. D. Robertson, Chancellor; The town council of appellant were without authority to appropriate the money to be paid to the appellee. Art. 12, § 5, Const. 1874. It is no defense that it is an executed contract.
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Appeal from Mississippi Chancery Court; B. D. Robertson, Chancellor; The town council of appellant were without authority to appropriate the money to be paid to the appellee. Art. 12, § 5, Const. 1874. It is no defense that it is an executed contract. The town is not 'estopped to deny its invalidity by having received the benefit of the building of the road into the town under the ordinance, and it may recover the money paid. 58 Ark. 270; 52 Ark. 541. The contract was fully executed long before this action was brought, and at an expenditure of a much greater sum by the appellee than the •…
1Opinion of the CourtMcCulloch, J.
The town council of the incorporated town of Luxora, as an inducement to the Jonesboro, Lake City & Eastern Railroad Company to build its road into the town and establish a depot therein, by ordinance appropriated the sum of '$1,000 to be paid to said company on condition that it should execute a bond as a guaranty that it would perform the conditions of said ordinance.
A warrant was drawn on the treasurer of the town for said amount payable to the- railroad company, the indemnity bond was executed and the money paid over to'the company on the warrant, and the railroad company complied with…
2Cases cited6 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Russell v. TateSupreme Court of Arkansas · 1889
- City of Chaska v. HedmanSupreme Court of Minnesota · 1893
- Texarkana v. FriedellSupreme Court of Arkansas · 1907
- Newport v. Railway Co.Supreme Court of Arkansas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
- Forrest City v. OrgillSupreme Court of Arkansas · 1908
- Bank of Commerce v. HuddlestonSupreme Court of Arkansas · 1927
- City of Abbeville v. Eureka Fire Hose Manufacturing Co.Supreme Court of Georgia · 1933
- Arkansas State Highway Commission v. KeatonSupreme Court of Arkansas · 1933
6 more not listed; retrieve them via the Exa API.