Fitzgerald v. Walker
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. This was a suit brought by Edward Fitzgerald and others in the Pulaski chancery court against Walker, Rumbough and McLean as commissioners of Paving District No. 3, and the Arkansas Industrial Company, to restrain collection of the taxes levied for paving West Markham street in the city of Little Rock.
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APPEAL from Pulaski Chancery Court. This was a suit brought by Edward Fitzgerald and others in the Pulaski chancery court against Walker, Rumbough and McLean as commissioners of Paving District No. 3, and the Arkansas Industrial Company, to restrain collection of the taxes levied for paving West Markham street in the city of Little Rock. The complaint alleged that the plaintiffs were owners of real estate within the district; that the commissioners had let the contract for paving one-half mile of said street to the Arkansas Industrial Company, without advertising for bids; that the…
1Opinion of the CourtMansfield, J.
1. Power board of i provement letting cc tracts. of ¡nn The complaint prays for the cancellation of a contract entered into for the paving of West Markham street in the city of Little Rock, and for an injunction against the collection of further assessments to pay for that work. This relief is sought on the ground of alleged fraud in making the contract and performing the work; and on the further ground that the contract was ultra vires.
I. A court of equity will not rescind a contract on the ground of fraud unless the fraud alleged is clearly established. Veazie v. Williams, 8 How., 134; Holt…
2Cases cited13 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- Claiborne County v. BrooksSupreme Court of the United States · 1884
- Motz v. City of DetroitMichigan Supreme Court · 1869
- Veazie v. WilliamsSupreme Court of the United States · 1850
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- McDonnell v. Improvement District No. 145Supreme Court of Arkansas · 1911
- Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
- Gladson v. WilsonSupreme Court of Arkansas · 1938
- Oliver v. WhittakerSupreme Court of Arkansas · 1916
- Nakdimen v. Fort Smith & Van Buren Bridge DistrictSupreme Court of Arkansas · 1914
34 more not listed; retrieve them via the Exa API.