Ford v. Collison
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jachson, Judge; 1. Plaintiffs have a legal right to maintain this suit. Taxpayers have a right to sue where officers fail to discharge their duty. 78 Ark. 118; 123 Id. 258; 98 Id. 38; 52 Ark. Law Rep. 415; 95 Ark. 26; 205 N. T. 4; Ann. Cas. 1913 C. 881, and note 884 to 923; 79 Oh. St. 9; 36 L. R. A. (N. S.) 1;86N. E. 519. 2. The contract was voidable.
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Appeal from White Circuit Court; J. M. Jachson, Judge; 1. Plaintiffs have a legal right to maintain this suit. Taxpayers have a right to sue where officers fail to discharge their duty. 78 Ark. 118; 123 Id. 258; 98 Id. 38; 52 Ark. Law Rep. 415; 95 Ark. 26; 205 N. T. 4; Ann. Cas. 1913 C. 881, and note 884 to 923; 79 Oh. St. 9; 36 L. R. A. (N. S.) 1;86N. E. 519. 2. The contract was voidable. Collusion was charged. 98 Ark. 38; 49 Id. 94. 3. A cause of action was stated. 28 N. W. 650; 85 Id. 369; 99 Id. 603; 122 S. W. 522. The acceptance of the building is no defense. The contractor is still…
1Opinion of the CourtMcCulloch, C. J.
Appellants, who were plaintiffs below, allege in their complaint that they are citizens and taxpayers of Bald Knob Special School District in White County, and the action, as originally instituted, was to restrain the board of directors from accepting and paying for a school building then in process of erection by J. Collis on, one of the appellees. Collison and the sureties on his bond and all of the members of the board of directors were joined in the action as defendants.
It is alleged in the complaint that the school district, acting through its directors, entered into a contract with…
2Cases cited5 opinions
- Newman v. Mountain Park Land Co.Supreme Court of Arkansas · 1908
- Seitz v. MeriwetherSupreme Court of Arkansas · 1914
- Grooms v. BartlettSupreme Court of Arkansas · 1916
- Moss v. AdamsSupreme Court of Arkansas · 1877
- Seitz v. MeriwetherSupreme Court of Arkansas · 1915
3Cited by4 opinions
- Starnes v. SadlerSupreme Court of Arkansas · 1963
- Jennings Motors v. BurchfieldSupreme Court of Arkansas · 1931
- McKim v. McLineySupreme Court of Arkansas · 1971
- McKim v. McLineySupreme Court of Arkansas · 1971