Cotten v. Hughes
Supreme Court of Arkansas
Appeal from Saline Chancery Court; J. P. Henderson, Chancellor; 1. Special Act-113, Acts 1911, was unconstitutional and void. 117' Ark. 190. Special Act No. 212, Acts 1915', was also void. 185 S. W. 440. The City of Benton was never even a de facto city of the second class. 55 Pac. 103; 106 Okla. 61; 92 N. E. 778; 175 Ind. 332; 136 111. App. 606; 88 N. E. 349; 43 Ind. App. 634; 73 N. E. 727; 35 Ind.
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Appeal from Saline Chancery Court; J. P. Henderson, Chancellor; 1. Special Act-113, Acts 1911, was unconstitutional and void. 117' Ark. 190. Special Act No. 212, Acts 1915', was also void. 185 S. W. 440. The City of Benton was never even a de facto city of the second class. 55 Pac. 103; 106 Okla. 61; 92 N. E. 778; 175 Ind. 332; 136 111. App. 606; 88 N. E. 349; 43 Ind. App. 634; 73 N. E. 727; 35 Ind. App. 65. 2. There can be no de facto officer where there is no office to fill. 118 IT. S. 425; 28 Atl. 82; 18 N. W. 285; 31 Minn. 472; 29 S. E. 931; 103 Ga. 319; 61 S. E. 30; 4 Ga. App. 197. To…
1Opinion of the CourtMcCulloch, C. J.
Benton, the county seat of Saline County, has been an incorporated town for many years, and was organized under the general statutes of the State, but the General Assembly of 1911 passed a special statute attempting to raise'its classification so as to constitute it a city of the second class. It was decided, however, by this court that the special statute was void for the reason that it constituted a violation of those sections of the constitution which provide that “the General Assembly shall pass no special act conferring corporate power,” except in certain instances, and that the General…
2Cases cited1 opinion
- Cotten v. City of BentonSupreme Court of Arkansas · 1915
3Cited by1 opinion
- Lewis v. Tate, MayorSupreme Court of Arkansas · 1946