Lackey v. Fayetteville Water Co.
Supreme Court of Arkansas
Appeal from Washington Chancery Court; James A. Rice, Special Chancellor; statement by the court. J. S. Lackey and eighteen other taxpayers of the City of Fayetteville brought this suit in their own behalf and on behalf of all other taxpayers in the city to enjoin the appellee and the city from enforcing ordinance numbered 135 of the City of Fayetteville, alleging among other things: “That the passage of said ordinance was procured by undue influence of the said water…
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Appeal from Washington Chancery Court; James A. Rice, Special Chancellor; statement by the court. J. S. Lackey and eighteen other taxpayers of the City of Fayetteville brought this suit in their own behalf and on behalf of all other taxpayers in the city to enjoin the appellee and the city from enforcing ordinance numbered 135 of the City of Fayetteville, alleging among other things: “That the passage of said ordinance was procured by undue influence of the said water company in that J. H. Mcllroy, the president thereof, unduly influenced J. H. Atha, a member .of the council, to vote therefor…
1Opinion of the Court
Wood, J.,
(after stating the facts.) First. The passage of the ordinances in question was within the -express powers of the. city council. Secs. 5442, 5448, Kirby’s Digest. The ordinances, when passed and accepted by the water company, became contracts, and binding on the parties thereto. Smith, Mun. Corp. § § 532> 1396. While the members of the council are trustees for the people of the municipality they represent, and as public agents are held to a stricter account than a mere private agent, yet when they act within the scope of their authority, and make contracts which they are expressly…
2Cases cited16 opinions
- California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
- Huidekoper's Lessee v. DouglassSupreme Court of the United States · 1805
- City of Joplin v. Southwest Missouri Light Co.Supreme Court of the United States · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State ex rel. County Attorney v. Des Moines City Railway Co.Supreme Court of Iowa · 1913
- City of Del Rio v. Ulen Contracting CorporationCourt of Appeals for the Fifth Circuit · 1938
- City of Little Rock v. LinnSupreme Court of Arkansas · 1968
- Hotard v. City of New OrleansSupreme Court of Louisiana · 1948
- Arkansas Light & Power Co. v. CooleySupreme Court of Arkansas · 1919
11 more not listed; retrieve them via the Exa API.