City of El Dorado v. Faulkner
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; Oral evidence of the purported ordinance was not admissible. If such an ordinance was passed, the original or a certified copy thereof was the best evidence, and should have been produced.
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Appeal from Union Circuit Court; George W. Hays, Judge; Oral evidence of the purported ordinance was not admissible. If such an ordinance was passed, the original or a certified copy thereof was the best evidence, and should have been produced. Kirby’s Dig., § 3066; 66 Ark. 535. See also Kirby’s Dig., § 5473; 40 Ark. 105; 22 Mich. 104. The court erred in directing a verdict for the appellee, the evidence not being legally sufficient to support it. 97 Ark. 438, 442; 90 Ark. 23; 99 Ark. 491. There was .sufficient evidence to justify the conclusion that the resolution had been lost, and, under…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, J. D. Faulkner, sued the city of El Dorado to recover salary as deputy marshal. He claims that the marshal appointed him as deputy, and that a resolution or ordinance of the city council fixed the salary of deputy marshal at $75.00 per month, and provided that the city should pay the same. This was denied by the city, and it was the issue of fact to be tried by the jury. The plaintiff introduced as a witness the former mayor of the city and proved by him that an ordinance or resolution had been passed fixing the salary of deputy marshal at $75.00 per month. Neither the record…
2Cases cited2 opinions
- Hencke v. StandifordSupreme Court of Arkansas · 1899
- Pugh v. City of Little RockSupreme Court of Arkansas · 1879
3Cited by7 opinions
- Conner v. BurnettSupreme Court of Arkansas · 1950
- Satterfield, Mayor v. FewellSupreme Court of Arkansas · 1941
- City of Greenbrier v. CottonSupreme Court of Arkansas · 1987
- City of Greenbrier v. CottonSupreme Court of Arkansas · 1987
- Opinion No., Arkansas Attorney General Reports1995
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