Durrett v. Buxton
Supreme Court of Arkansas
Appeal from Pike Circuit Court. Wide P. Feazee, Judge. A contract to build a court house without an appropriation therefor, in dollars and cents, is invalid.
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Appeal from Pike Circuit Court. Wide P. Feazee, Judge. A contract to build a court house without an appropriation therefor, in dollars and cents, is invalid. Sand. & H. Dig., secs. 1379, 1276, subd. 1, 1278, 1277, 6418; Const. 1874, art. 16, secs. 12, 13, and art. 5, sec. 29; 34 Ark. 307-310; 61 id. 74; 54 id. 645, 657, 659. As to what is necessary to constitute an appropriation, see 106 Cal. 113. See also 30 Ark. 609, 612; Cooley, Taxation, p. 280. The contract is illegal, and appellee's are chargeable as trustees of the county’s funds. 52 Ark. 545; 50 id. 447, 452; 59 id. 344, 357. There…
1Opinion of the CourtBattee, J.
The court house of Pike county having been destroyed by fire, the county court of that county, composed of the county judge and justices of the peace, while sitting for the purpose of levying taxes and making appropriations, at the October term in 1895, levied on the taxable property of the county one and a half mills on the dollar for rebuilding the same. No other levy or appropriation for that purpose was made by. the levying- court. Having determined to rebuild,' the county court, at its April term in 1896, appointed a commissioner to prepare plans and specifications for the building, and…
2Cases cited4 opinions
- Fones Hardware Co. v. ErbSupreme Court of Arkansas · 1891
- Chamberlain v. StateSupreme Court of Arkansas · 1887
- Worthen v. RootsSupreme Court of Arkansas · 1879
- Wiegel v. Pulaski CountySupreme Court of Arkansas · 1895
3Cited by10 opinions
- Hilliard v. BunkerSupreme Court of Arkansas · 1900
- Ladd v. StubblefieldSupreme Court of Arkansas · 1937
- Nevada County v. News Printing Co.Supreme Court of Arkansas · 1918
- Bowman v. FrithSupreme Court of Arkansas · 1905
- Sadler v. CravenSupreme Court of Arkansas · 1909
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