State ex rel. Reed v. Commissioners of Marion County
Supreme Court of Arkansas
Error from Marion District Court. This was an application for an injunction to restrain the board of county commissioners of Marion county from letting a contract to erect county buildings at Marion Centre, and from taking any proceedings under the following order of the board, entered of record the 9th of August, 1878, to wit: “Therefore, it is resolved and determined by said board of county commissioners, in order to provide suitable rooms for county purposes, and also to…
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Error from Marion District Court. This was an application for an injunction to restrain the board of county commissioners of Marion county from letting a contract to erect county buildings at Marion Centre, and from taking any proceedings under the following order of the board, entered of record the 9th of August, 1878, to wit: “Therefore, it is resolved and determined by said board of county commissioners, in order to provide suitable rooms for county purposes, and also to furnish suitable jail facilities for the confinement .and maintenance of prisoners in said county, and a more secure and…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Before proceeding to the principal inquiry involved in this action, we will dispose of the preliminary objections presented on the part of the defendants to our consideration of the merits of the cause. These are: First, that the state is not the party in interest, and hence, that the suit cannot be maintained in its name; and, second, if the suit can be maintained in the name of the state, it cannot be done on the relation of the county attorney. Neither of these objections is tenable. The suit is being prosecuted by the proper •officer,…
2Cases cited4 opinions
- Bobbett v. StateSupreme Court of Kansas · 1872
- Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
- Bartlett v. StateSupreme Court of Kansas · 1874
- State ex rel. Foster v. FaulknerSupreme Court of Kansas · 1878
3Cited by32 opinions
- McClure v. NyeCalifornia Court of Appeal · 1913
- State Ex Rel. Attorney General v. HustonSupreme Court of Oklahoma · 1910
- Eberhardt Construction Co. v. Board of County CommissionersSupreme Court of Kansas · 1917
- Salt Creek Township v. King Iron Bridge & Manufacturing Co.Supreme Court of Kansas · 1893
- State ex rel. Taggart v. AddisonSupreme Court of Kansas · 1907
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