Fort Smith v. Wilson
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor; ■ A city of the first class has power to purchase a cemetery within its limits. Kirby’s Dig., § § 5449,-5436-7-8; 58 Cal. 63; 71 S. W. 943; Dillon, Mun. Corp. (4 ed.) § 565. A city of the first class has no power conferred upon it by law to purchase land for a cemetery within its corporate limits. Kirby’s Digest, § 5449; 105 Cal. 151; 68 N. Y. 167-171; 3 Dillon, Mun.
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Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor; ■ A city of the first class has power to purchase a cemetery within its limits. Kirby’s Dig., § § 5449,-5436-7-8; 58 Cal. 63; 71 S. W. 943; Dillon, Mun. Corp. (4 ed.) § 565. A city of the first class has no power conferred upon it by law to purchase land for a cemetery within its corporate limits. Kirby’s Digest, § 5449; 105 Cal. 151; 68 N. Y. 167-171; 3 Dillon, Mun. Corp. (5 ed.) § § 1975, 1557; 71 Ark. 4-8; 45 Ark. 524-527; 28 Fed. Cas. 185-193; etc.
1Opinion of the CourtKirby, J.
Appellee filed a bill in equity to enjoin the appellants from the purchase of ten acres of ground within the limits of the city of Fort Smith, a city of the first class, adjoining its present cemetery, for the purpose of an addition to the said cemetery, claiming that the city was without power to make said purchase. This is the only question to be decided,, and both parties rely for support of their contention upon a construction of section 5449 of Kirby’s Digest, which provides: “They shall have the power to regulate the burial of the dead; to provide without the corporate limits of the…
2Cases cited2 opinions
- Town of Searcy v. YarnellSupreme Court of Arkansas · 1886
- Matthews v. KimballSupreme Court of Arkansas · 1902
3Cited by1 opinion
- Fussell-Graham-Alderson Co. v. Forrest CitySupreme Court of Arkansas · 1920