State ex rel. Garland County v. Baxter
Supreme Court of Arkansas
APPEAL from Garland Circuit Court in Chancery. Hon. J. M. Smith, Judge. The county could receive and hold the property as a charitable use, as a gift for the use of the public. Att’y Gen’l v. Helis, 2 8. & 8t., 67-76 ; 7 Johnson, Ghy., 292; 2 How., 127 ; 55 Ind., 297 ; 2 Dill, on Mun. Corp., 431,; Hill on Trustees, 453 ; 2 Sneed., 305 ; 30 Penn.
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APPEAL from Garland Circuit Court in Chancery. Hon. J. M. Smith, Judge. The county could receive and hold the property as a charitable use, as a gift for the use of the public. Att’y Gen’l v. Helis, 2 8. & 8t., 67-76 ; 7 Johnson, Ghy., 292; 2 How., 127 ; 55 Ind., 297 ; 2 Dill, on Mun. Corp., 431,; Hill on Trustees, 453 ; 2 Sneed., 305 ; 30 Penn. St., 437 ; 5 O. St., 237. A private citizen can sue to prevent an injury to the public, or to restrain public officers from exceeding their duty, 2 Dillon on Mun. Corp., secs. 729-739; Art. 16, sec. 13, Const. 1874; sec. 4478, Gantt’s Digest; 31…
1Opinion of the CourtEnglish, C. J.
This suit was commenced bn the Chancery side of the Circuit Court of Garland county, on the fifteenth of January, 1881. The bill was filed in the name of the State for the use of Garland county, and John J. Sumpter joined as complainant in behalf of himself and other citizens and tax-payers of the county.
A demurrer was sustained to the original bill, and an amended bill filed, to which there was a demurrer and answer filed by defendants. The court sustained the demurrer “for want of proper parties plaintiff,” dismissed the suit, and complainants appealed.
The amended bill alleged, in…
2Cited by6 opinions
- McDonald v. RankinSupreme Court of Arkansas · 1909
- Golden v. GoldenSupreme Court of Oklahoma · 1932
- School District No. 36 v. GladishSupreme Court of Arkansas · 1914
- State Use and Benefit of Garland County v. JonesSupreme Court of Arkansas · 1937
- National Trailer Convoy, Inc. v. Oklahoma Turnpike AuthoritySupreme Court of Oklahoma · 1967
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