Frick v. Brinkley
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. Grant Green, Jr., Judge. To enter into a contract, the ayes and nays must be called and recorded.
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Appeal from Monroe Circuit Court. Grant Green, Jr., Judge. To enter into a contract, the ayes and nays must be called and recorded. Sand. & H. Dig. sec. 5157. But, to appropriate money for any purpose, the ayes and nays are not necessary, lb. sec. 5165. ■ A contract with an alderman is not void, the only inhibition being that they shall not be allowed to make a profit, lb. sec. 5166. A town council has fower to dig ditches and put in tiling to drain the town, and the contract was not ultra vires. 58 Ark. 270 ; 40 id. 105. The vote delegating the power to the improvement committee to put in…
1Opinion of the CourtBunn, C. J.
The town council of Brinkley resolved, in the regular way, by a yea and nay vote, and by a majority of all the members elected to the council, to lay sewer piping along its streets for the purpose of drainage. Subsequently, it resolved to lay this piping along certain streets and certain blocks, presumably as an installment of the general work. This resolution does not seem to have been adopted by a majority of all the members elected to the council, nor by a yea and nay vote. The mayor, however, as authorized by the last named resolution, proceeded to advertise for bids to furnish the piping…
2Cases cited1 opinion
- Town of Searcy v. YarnellSupreme Court of Arkansas · 1886
3Cited by22 opinions
- Diver v. Keokuk Savings BankSupreme Court of Iowa · 1905
- Sparks v. Jasper CountySupreme Court of Missouri · 1908
- McCuistion v. City of Siloam SpringsSupreme Court of Arkansas · 1980
- Tallman v. LewisSupreme Court of Arkansas · 1916
- Smith v. DandridgeSupreme Court of Arkansas · 1911
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