Legal Opinion

Click v. Sample

Supreme Court of Arkansas

Decided December 3, 1904PublishedCited by 17 opinions

Appeal from Howard Chancery Court. James D. Shaver, Chancellor. A director must have written notice of a special meeting. 64 Ark. 489; 69 Ark. 159; 52 Ark. 511. This notice cannot be waived orally. 36 Ark. 545. Director Corbell did not forfeit his office merely because his oath of office was not filed in the clerk’s office or could not be found there.

Read the full summary

Appeal from Howard Chancery Court. James D. Shaver, Chancellor. A director must have written notice of a special meeting. 64 Ark. 489; 69 Ark. 159; 52 Ark. 511. This notice cannot be waived orally. 36 Ark. 545. Director Corbell did not forfeit his office merely because his oath of office was not filed in the clerk’s office or could not be found there. Cf. Sand. & H. Dig. § § 7°35> 7°3*51 52 Ark. 511. The filing of his oath and recording of it in the records of the school district was, under the circumstances, sufficient. Cf. Sand. & H. Dig. § 7036. See also upon 'the questions of forfeiture…

1Opinion of the CourtPi irk, C. J.

This case is submitted on a motion to dismiss the appeal; and as the merits are involved therein, and the questions are fully presented, the whole case is determined.

The suit was an injunction, brought by taxpayers and one member of a school board against the other members of the school board, a teacher emplo3red by them and the county treasurer.

It is alleged that the two members of the school board made a contract with the teacher on behalf of the district to teach a three months’ school, beginning 'February 1, 1904; that the contract was illegal; that under it the teacher had taught some…

2Cases cited5 opinions

  1. Cole v. White CountySupreme Court of Arkansas · 1877
  2. School District v. BennettSupreme Court of Arkansas · 1889
  3. Burns v. ThompsonSupreme Court of Arkansas · 1897
  4. Burlington Insurance v. ThrelkeldSupreme Court of Arkansas · 1895
  5. School District No. 49 v. AdamsSupreme Court of Arkansas · 1901

3Cited by17 opinions

  1. Moore v. SmithSupreme Court of Kansas · 1945
  2. Swink & Co. v. Carroll McEntee & McGinley, Inc.Supreme Court of Arkansas · 1979
  3. Southern Engine & Boiler Works v. VaughanSupreme Court of Arkansas · 1911
  4. Eastern Union Co. of Delaware, Inc. v. Moffat Tunnel Improvement DistrictSuperior Court of Delaware · 1934
  5. United Assurance Ass'n v. FrederickSupreme Court of Arkansas · 1917

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API