Legal Opinion

Carswell v. Hammock

Supreme Court of Arkansas

Decided January 22, 1917PublishedCited by 6 opinions

Appeal from Cleburne Circuit Court; J. I. Worthington, Judge; 1. The council had authority to remove the commissioners. Act No. 81, March-23, 1909. A hearing was had and cause shown. 39 Ark. 211; 29 Cyc. 1371; 136 Ga. 376; Am. Ann. Cases, 1912 C, 372; 71 Ark. 4; 94 Ark. 49; Kirby’s Digest, §§ 5670, 5667. 2. The charges were sufficient. 39 Ark. 211; 29 Cyc. 1410 and note 31; 113 Mo. 202; 21 Ga. 280; 55 Ark. 148; Throop Publ.

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Appeal from Cleburne Circuit Court; J. I. Worthington, Judge; 1. The council had authority to remove the commissioners. Act No. 81, March-23, 1909. A hearing was had and cause shown. 39 Ark. 211; 29 Cyc. 1371; 136 Ga. 376; Am. Ann. Cases, 1912 C, 372; 71 Ark. 4; 94 Ark. 49; Kirby’s Digest, §§ 5670, 5667. 2. The charges were sufficient. 39 Ark. 211; 29 Cyc. 1410 and note 31; 113 Mo. 202; 21 Ga. 280; 55 Ark. 148; Throop Publ. Officers, §§ 304, 354, 394-6; Kirby’s Digest, §§ .6636, etc.; 29 Cyc. 1410; 9 Bnc. of Ev. 193-6. 3. The motion to quash the writ should have been sustained,1 Certiorari…

1Opinion of the CourtSmith, J.

Appellees are the commissioners of Waterworks Improvement District No. 1, and of Sewer Improvement District No. 1, of the Incorporated Town of Heber Springs, and were engaged in the performance of their duties as such when, on January 5, 1916, resident property owners within such districts filed with the common council of said town sworn charges in writing against them, wherein- it was prayed that said charges be investigated and, if found true, that the said commissioners be removed from office. Due notice of these charges was given, and the hearing thereof was appointed for January 18,…

2Cases cited3 opinions

  1. State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
  2. Catlett v. Railway Co.Supreme Court of Arkansas · 1893
  3. Pine Bluff Water & Light Co. v. City of Pine BluffSupreme Court of Arkansas · 1896

3Cited by6 opinions

  1. Tappan v. Helena Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1937
  2. Williams v. DentSupreme Court of Arkansas · 1944
  3. Boullioun v. Little RockSupreme Court of Arkansas · 1928
  4. Fulmer v. HolcombSupreme Court of Arkansas · 1977
  5. Anderson v. PixleySupreme Court of Arkansas · 1918

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