Legal Opinion

Batesville v. Ball

Supreme Court of Arkansas

Decided October 30, 1911PublishedCited by 35 opinions

Appeal from Independence Circuit Court; R. E. Jeffery, Judge; 1. Having obtained jurisdiction of this cause by regular appeal, the circuit court should have tried it de novo, and disposed of the case in its entirety, and rendered such judgment as the county court should have rendered.

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Appeal from Independence Circuit Court; R. E. Jeffery, Judge; 1. Having obtained jurisdiction of this cause by regular appeal, the circuit court should have tried it de novo, and disposed of the case in its entirety, and rendered such judgment as the county court should have rendered. Kirby’s Dig. § 1492; 33 Ark. 508, 511; 34 Ark. 240, 243, 244; 43 Ark. 324; Id. 42; 79 Ark. 504. 2. It was not necessary, in order to submit the proposed annexation question to the voters, for the council to pass an ordinance. It may be done either by ordinance, resolution or motion, duly carried and made of…

1Opinion of the CourtFrauenthal, J.

The council of the city of Batesville submitted to the qualified electors thereof the question of annexing certain contiguous territory to said city, and at the annual election a majority voted in its favor. In submitting said question, the council passed an ordinance providing for such annexation and for the submission of the question at such election. Said ordinance was passed at a regular meeting of 9 the city council when only five of its seven members were present. Under a suspension of the rules, the ordinance was read three several times, but only four of the members voted for such…

2Cases cited11 opinions

  1. Vestal v. Little RockSupreme Court of Arkansas · 1891
  2. Atchison Board of Education v. De KaySupreme Court of the United States · 1893
  3. Foreman v. Town of MariannaSupreme Court of Arkansas · 1884
  4. Freeman v. LazarusSupreme Court of Arkansas · 1895
  5. Arkadelphia Lumber Co. v. ArkadelphiaSupreme Court of Arkansas · 1892

6 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. State v. KempSupreme Court of Connecticut · 1938
  2. Johnson v. JohnsonSupreme Court of Arkansas · 1967
  3. Campbell v. City of EugeneOregon Supreme Court · 1925
  4. Ware v. StateSupreme Court of Arkansas · 1923
  5. Guerin v. NortonSupreme Court of Connecticut · 1974

30 more not listed; retrieve them via the Exa API.

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