Vogel v. Little Rock
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Robert J. Lea, Judge. Proceedings were instituted in the county court to annex to the city of Little Rock the unincorporated town of Argenta, and certain other contiguous territory, there having been an ordinance passed to that effect and a favorable vote at the annual city election. Vogel, Vestal, Ratcliffe and certain others interested in the land proposed to be annexed were permitted to intervene and to resist the annexation.
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APPEAL from Pulaski Circuit Court. Robert J. Lea, Judge. Proceedings were instituted in the county court to annex to the city of Little Rock the unincorporated town of Argenta, and certain other contiguous territory, there having been an ordinance passed to that effect and a favorable vote at the annual city election. Vogel, Vestal, Ratcliffe and certain others interested in the land proposed to be annexed were permitted to intervene and to resist the annexation. The county court adjudged in favor of the annexation, as likewise did the circuit court on appeal. The case was appealed to this…
1Opinion of the CourtHemingway, J.
The grounds alleged for reversal are:
First, that the vote upon annexation was taken atthe'annual city election, and that such vote could be legally taken only at an election held at least one month before the annual election.
Second, that where there is an affirmative vote upon at proposition to annex contiguous outlying territory to a municipal corporation, and it appears there are portions of said territory which should not be annexed, the petition cannot be amended by excluding such portions, as was done in this case.
Third, that if such right of amendment exists, it must be authorized by an…
2Cited by19 opinions
- State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
- Miller Lumber Company v. FloydSupreme Court of Arkansas · 1925
- Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
- Carrithers v. City of ShelbyvilleCourt of Appeals of Kentucky · 1907
- Paul v. Town of WalkertonIndiana Supreme Court · 1898
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