Barnes v. Williams
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court in Chancery, Fort Smith District. John S. Little, Judge. Appellant Barnes and another, citizens and tax payers of Fort Smith, sued appellees, Williams as mayor, Hamilton as clerk, and Davis as treasurer, of Fort Smith, a city of the first class, to restrain them from paying to J. C. Peel, city attorney, any compensation for his services as such'during the term for which he was elected, in excess of the amount to which he was entitled under…
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APPEAL from Sebastian Circuit Court in Chancery, Fort Smith District. John S. Little, Judge. Appellant Barnes and another, citizens and tax payers of Fort Smith, sued appellees, Williams as mayor, Hamilton as clerk, and Davis as treasurer, of Fort Smith, a city of the first class, to restrain them from paying to J. C. Peel, city attorney, any compensation for his services as such'during the term for which he was elected, in excess of the amount to which he was entitled under the ordinance in force when his term began. A temporary restraining order was made at the inception of the suit, but…
1Opinion of the CourtHemingway, J.
*. cuyoffirst class — Creating; °®“yo£ cityat~ That the council of Fort Smith was authorized, while it was a city of the second class, to create the office of city attorney, to prescribe the duties of the incumbent, and fix his compensation, seems to be conceded. While it was such, it passed an ordinance entitled, “An ordinance establishing the office of city attorney;’’ the ordinance provided, that it should be the duty of the city attorney to attend all regular meetings of the council, to advise the mayor, council, chairman of committees of the council and marshal as to matters of law when…
2Cited by4 opinions
- Thomas v. SittonSupreme Court of Arkansas · 1948
- Board of Com'rs v. BurnsWyoming Supreme Court · 1892
- Horton v. City of MarshallSupreme Court of Arkansas · 1956
- Opinion No., Arkansas Attorney General Reports1988