Legal Opinion

Spearman v. Texarkana

Supreme Court of Arkansas

Decided January 13, 1894PublishedCited by 18 opinions

Appeal from Miller Circuit Court. RuEus D. Hearn, Judge. Appellant was not an officer of the city. He was a physician selected by the board of health to perform certain services, and was entitled to recover for his services. 26 Pac. Rep. (Kas.) 674 ; 45 111. 397; 32 Wis. 124; 2 Brock. 103 ; 29 Oh. St. 349. See also 50 Ark. 81; 30 Yt. 285; 1 Dill. Mun.

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Appeal from Miller Circuit Court. RuEus D. Hearn, Judge. Appellant was not an officer of the city. He was a physician selected by the board of health to perform certain services, and was entitled to recover for his services. 26 Pac. Rep. (Kas.) 674 ; 45 111. 397; 32 Wis. 124; 2 Brock. 103 ; 29 Oh. St. 349. See also 50 Ark. 81; 30 Yt. 285; 1 Dill. Mun. Corp. (4th ed.) sec. 230, note 3. 1. No fee was provided by law, and none can be recovered. 25 Ark. 235 ; 32 id. 45. 2. Being a member of the board of health, it was against public policy for appellant to make a contract with the board. 25 Wis.…

1Opinion of the CourtMansEIEED, J.

By an ordinance duly passed, the city of Texarkana established a board of health, to be composed of the mayor, the city attorney, three aider-men and one physician of the city. The board was invested with all the usual and necessary powers to effect the purpose of its organization, which was declaréd to be the protection of the city against “ contagious, malignant and infectious diseases ;” and the ordinance provides that all expenses incurred by the board shall be certified to the city council by the president and secretary for allowance and payment, as other claims against the city.

The…

2Cases cited4 opinions

  1. Mayor of Macon v. HuffSupreme Court of Georgia · 1878
  2. Pickett v. School District No. OneWisconsin Supreme Court · 1870
  3. People v. TylerMichigan Supreme Court · 1859
  4. Mayor of Niles v. MuzzyMichigan Supreme Court · 1875

3Cited by18 opinions

  1. Berka v. WoodwardCalifornia Supreme Court · 1899
  2. Tallman v. LewisSupreme Court of Arkansas · 1916
  3. Smith v. DandridgeSupreme Court of Arkansas · 1911
  4. Gladson v. WilsonSupreme Court of Arkansas · 1938
  5. Gantt v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1934

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