Newport v. Railway Co.
Supreme Court of Arkansas
Appeal from Jackson Circuit Court. James W. Butler, Judge. 1. The town of Newport had no power to make the contract; it was ultra vires and void. Secs. 749 to 782, Mansf. Dig. There is no express authority to build levees or contract for same. Municipal corporations possess no power except such as are expressly given or necessarily implied. 2 Wood, 594 ; 31 Ala. 76 ; 11 Am. & Bug. Corp. Cases, 248 ; 108 ü.
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Appeal from Jackson Circuit Court. James W. Butler, Judge. 1. The town of Newport had no power to make the contract; it was ultra vires and void. Secs. 749 to 782, Mansf. Dig. There is no express authority to build levees or contract for same. Municipal corporations possess no power except such as are expressly given or necessarily implied. 2 Wood, 594 ; 31 Ala. 76 ; 11 Am. & Bug. Corp. Cases, 248 ; 108 ü. S. 110; 3 Wall. 330; 13 Wis. 37; 9 Mich. 165; 33 Ark. 704; Dillon, Muh. Corp. sec. 89; 33 N. H. 427 ; 31 Ark. 462 ; 128 111. 465; Cooley, Taxation, pp. 209, 210. 2. If the contract was…
1Opinion of the CourtHughes, J.
The facts in this case are substantially as follows: The town of Newport made a contract with the Batesville & Brinkley Railway Company to construct a levee on two sides of the town to protect ■it from overflow, and was to pay the company therefor, in the warrants of the town, ten thousand dollars ; and the Railway Company was to have the privilege of using the levee as a road-bed for its railway.
One line of the levee was completed, accepted and paid for by the town, after which it declined and refused to accept and pay for the other line of the levee, one of these lines being north, and the…
2Cases cited3 opinions
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3Cited by15 opinions
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- Beebe v. Little RockSupreme Court of Arkansas · 1900
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