City of Malvern v. Cooper
Supreme Court of Arkansas
Appeal from Hot Spring Chancery Court; J. P. Henderson, Chancellor; 1. There is no statutory or charter provisions requiring municipalities to hold their sessions on any particular day, hut the city council of appellant elected to hold its monthly sessions on the first Thursday in each month, which in August, 1909, fell on the fifth day of the month. The ordinance in question bears date August 5, 1909, as appears by the ordinance record book of the city.
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Appeal from Hot Spring Chancery Court; J. P. Henderson, Chancellor; 1. There is no statutory or charter provisions requiring municipalities to hold their sessions on any particular day, hut the city council of appellant elected to hold its monthly sessions on the first Thursday in each month, which in August, 1909, fell on the fifth day of the month. The ordinance in question bears date August 5, 1909, as appears by the ordinance record book of the city. This is prima facie evidence of the leg*al existence of the ordinance and its contents. 90 Ark. 292. And the burden is on the defendant to…
1Opinion of the CourtSmith, J.
This is a suit by the city of Malvern, a city of the second class, against W. H. Cooper and A. I. Roland to recover the sum paid by the city for the construction of a concrete walk, built by this city, abutting the property of appellees. The proof on the part of the city tended to show that the council passed an ordinance on the 5th day of August, 1909, requiring all owners of real property abutting on Main street in said city, between South First and South Fourth streets, or Page avenue, to construct sidewalks as provided for in said ordinance. That on and prior to the 7th day of November,…
2Cases cited4 opinions
- Van Buren v. TexarkanaSupreme Court of Arkansas · 1890
- Butler v. KavanaughSupreme Court of Arkansas · 1912
- Heno v. FayettevilleSupreme Court of Arkansas · 1909
- Gregg v. StuttgartSupreme Court of Arkansas · 1909
3Cited by4 opinions
- City of Little Rock v. JoynerSupreme Court of Arkansas · 1947
- City of Little Rock v. LinnSupreme Court of Arkansas · 1968
- Satterfield, Mayor v. FewellSupreme Court of Arkansas · 1941
- Lowe v. IvySupreme Court of Arkansas · 1942