Legal Opinion

Gregg v. Stuttgart

Supreme Court of Arkansas

Decided January 11, 1909PublishedCited by 1 opinion

Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. The city of Stuttgart brought suit in the circuit court of Arkansas County against R. B. Gregg, the material parts of the complaint being as follows: That Stuttgart is a city of the second class; that on the 7th of December, 1903, its city council duly passed an ordinance to provide for the construction of sidewalks within said city.

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Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. The city of Stuttgart brought suit in the circuit court of Arkansas County against R. B. Gregg, the material parts of the complaint being as follows: That Stuttgart is a city of the second class; that on the 7th of December, 1903, its city council duly passed an ordinance to provide for the construction of sidewalks within said city. The ordinance divided the city into two sidewalk -districts, namely, Sidewalk District No. 1 and Sidewalk District No. 2, and designated the territory to comprise each. Sections 4…

1Opinion of the Court

Hire, C. J.,

(after stating the facts.) This appeal questions the sufficiency of an ordinance of the city of Stuttgart providing for the construction of sidewalks. The parts of it attacked and the proceedings under it will be found in the preceding statement. The ordinance was passed -under authority of the act of April 8, 1903, giving enlarged and additional powers to cities of 'the first and second class, so as to enable them to require property owners to construct sidewalks. The act is section 5542 of Kirby’s Digest. It is said that the act gives the council power to compel the property…

2Cited by1 opinion

  1. City of Malvern v. CooperSupreme Court of Arkansas · 1913

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