Pulaski County v. Reeve
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. The act approved April 29, 1873, is unconstitutional because: 1. Under our statute counties are corporations, and the act authorizing the issue of the bonds was a special act conferring corporate powers in violation of section 48, article 5, Constitution 1868. Gantt’s Digest, sec. 937; ¡¡.9 Ala., 507; 11 Ga., 307; 46 Md., 500; 33 Mich., 97; 4 Hill, 384; M HI, 654; 39 lb., 166; 3 Otto, 308; <30 Wend., 467; 6…
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APPEAL from Pulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. The act approved April 29, 1873, is unconstitutional because: 1. Under our statute counties are corporations, and the act authorizing the issue of the bonds was a special act conferring corporate powers in violation of section 48, article 5, Constitution 1868. Gantt’s Digest, sec. 937; ¡¡.9 Ala., 507; 11 Ga., 307; 46 Md., 500; 33 Mich., 97; 4 Hill, 384; M HI, 654; 39 lb., 166; 3 Otto, 308; <30 Wend., 467; 6 Ohio St, 369; 77 lb., 338; 19 Iowa, 43; 84 III, 590; 103 U. S., 707; 8 Neb., 178. 2. The act authorizes the levy of a…
1Opinion of the CourtSmith, J.
Reeve recovered a judgment against Pulaski County upon certain bonds issued by it under the act of April 29, 1873, to authorize certain counties to fund their outstanding indebtedness. It is conceded that the ment was correct, provided, the act was not unconstitutional. In Worthen v. Badgett, 32 Ark., 496, it was determined that this statute had been enacted in accordance with constitutional forms, and that it was not open to the objection of embracing more than one subject.
2. Counties: Not corporations.
The act is now assailed as special legislation conferring corporate powers, and therefore…
2Cases cited2 opinions
- Beach v. LeahySupreme Court of Kansas · 1873
- Commissioners of Jefferson County v. People ex rel. GriggsNebraska Supreme Court · 1876
3Cited by8 opinions
- Mears v. HallSupreme Court of Arkansas · 1978
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
- Lake v. TatumSupreme Court of Arkansas · 1927
- Jackson v. Madison CountySupreme Court of Arkansas · 1927
- Villines v. TuckerSupreme Court of Arkansas · 1996
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