Cherry v. Bowman
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Appellant, who was the plaintiff below, filed his complaint in the Pulaski Chancery Court against the defendants, who composed the Board of Improvement of Street Improvement District No. 167. of the city of Little Rock, and prayed the order of that court, restraining the said board from proceeding to carry out the terms of a contract which said board had entered into with one M. D. L.…
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Appellant, who was the plaintiff below, filed his complaint in the Pulaski Chancery Court against the defendants, who composed the Board of Improvement of Street Improvement District No. 167. of the city of Little Rock, and prayed the order of that court, restraining the said board from proceeding to carry out the terms of a contract which said board had entered into with one M. D. L. Cook for the construction of the improvement for which the improvement district had been created: towit, the paving of a…
1Opinion of the Court
Smith, J.,
(after stating the facts). To sustain their position, counsel for, appellee cite the cases of Jones v. Plummer, 118 S. W. 109; McCormick v. Moore, 114 S. W. 42, and Turner v. Springfield, 93 S. W. 867, which are all Missouri cases, and hold that it is an essential prerequisite to a valid assessment that the plans and specifications shall have been filed with the city clerk by the city engineer when the contract is let. But these are cases construing the statutes of that State or the ordinances of cities therein enacted pursuant thereto, which are materially different from those of…
2Cases cited2 opinions
- Jones v. PlummerMissouri Court of Appeals · 1909
- Turner v. City of SpringfieldMissouri Court of Appeals · 1906
3Cited by9 opinions
- Bowman Engineering Co. v. Arkansas & Missouri Highway DistrictSupreme Court of Arkansas · 1921
- Page v. Highway 10, Water Pipe Line Improvement District No. 1Supreme Court of Arkansas · 1940
- Gould v. TolandSupreme Court of Arkansas · 1921
- Thibault v. McHaneySupreme Court of Arkansas · 1915
- Commissioners of Broadway-Main Street Bridge District v. Quapaw ClubSupreme Court of Arkansas · 1920
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