Russell v. Tate
Supreme Court of Arkansas
APPEAL from Pope Circuit Court in Chancery. Robert Toomer, Special Judge. Suit in equity by certain inhabitants and tax-payers of the 'Town of Russellville, against appellants, the Mayor, Aider-men and Treasurer of that place, to enjoin the payment of a certain order upon the Treasurer, and to have restitution of certain moneys paid out. A temporary restraining order was granted.
Read the full summary
APPEAL from Pope Circuit Court in Chancery. Robert Toomer, Special Judge. Suit in equity by certain inhabitants and tax-payers of the 'Town of Russellville, against appellants, the Mayor, Aider-men and Treasurer of that place, to enjoin the payment of a certain order upon the Treasurer, and to have restitution of certain moneys paid out. A temporary restraining order was granted. Defendants, after the institution of the suit, called in and cancelled the outstanding warrant, and moved to dissolve the injunction ; moved to dismiss the complaint so far as it sought a recovery of the money paid…
1Opinion of the CourtSandels, J.
1. munipal Corporations: illegal appropriation of funds. An analysis of the case shows six questions r ... tor decision. 1
First — Has equity jurisdiction as to the matters stated in , the bill ?
Second — Are residents and tax-payers proper parties plaintiff?
Third — May affirmative as well as injunctive relief be had in such a proceeding ?
Fourth — Was the appropriation of the $1000 by the council valid or void?
Fifth — Are Aldermen, as such, liable to an action for votes given upon measures before them ?
Sixth — What liability, if any, did the Mayor, ordering, the Treasurer making, and the…
2Cases cited5 opinions
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- People of the State of N.Y. v. . FieldsNew York Court of Appeals · 1874
- Minot v. Inhabitants of West RoxburyMassachusetts Supreme Judicial Court · 1873
- Sykes v. Mayor of ColumbusMississippi Supreme Court · 1877
- Jones v. LovingMississippi Supreme Court · 1877
3Cited by54 opinions
- Bruce v. RiddleCourt of Appeals for the Fourth Circuit · 1980
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Fuller v. Trustees of Deerfield AcademyMassachusetts Supreme Judicial Court · 1925
- Osburn v. StoneCalifornia Supreme Court · 1915
- Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
49 more not listed; retrieve them via the Exa API.