Woodruff v. Eureka Springs
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court, Eastern district. E. S. McDaniel, Judge. This was a proceeding to annex the same territory involved in the associated case of Eureka Springs v. Woodruff\ ante, p. 616. More than a month prior to the annual election for city officers in 1891, the city council of Eureka Springs passed an ordinance for submission of the question of annexation of the territory to the vote of the electors.
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APPEAL from Carroll Circuit Court, Eastern district. E. S. McDaniel, Judge. This was a proceeding to annex the same territory involved in the associated case of Eureka Springs v. Woodruff\ ante, p. 616. More than a month prior to the annual election for city officers in 1891, the city council of Eureka Springs passed an ordinance for submission of the question of annexation of the territory to the vote of the electors. The vote being favorable, a petition was presented to the county court which was contested by the remonstrants, Woodruff and others, upon the grounds that the ordinance did not…
1Opinion of the CourtHemingway, J.
As decided in Vogel v. Little Rock, ante p. 609, the question of annexation was properly submitted by the council, more than a month before the annual election, to be voted on at that election.
1. Validity of •ordinance proVexationf°r an’ If the land to be annexed was contiguous to the city and ° J was properly described in the 'ordinance submitting the question to the voters, it was not invalid by reason of the fact that it omitted a recital that it was contiguous. The fact, and not the recital, of contiguity authorizes the council to act, and where the fact exists there is nothing that…
2Cited by5 opinions
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- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
- Gunter v. FayettevilleSupreme Court of Arkansas · 1892
- City of Newport v. OwensSupreme Court of Arkansas · 1948
- Mahone v. City of RogersSupreme Court of Arkansas · 1962