Weeks v. Texarkana
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. E. A. ByRNE, Judge. Municipal corporations have no powers except those expressly granted them by statute, or such as arise by necessary implication. There is no authority for the council to pass an ordinance making the recorder a salaried officer. Mansf. Big. Secs. 792 to 797, &c. He is a member, of the •council. Ib.
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APPEAL from Miller Circuit Court. E. A. ByRNE, Judge. Municipal corporations have no powers except those expressly granted them by statute, or such as arise by necessary implication. There is no authority for the council to pass an ordinance making the recorder a salaried officer. Mansf. Big. Secs. 792 to 797, &c. He is a member, of the •council. Ib. Officers are deemed to have accepted the office with reference to the provisions o.f the charter and Statutes relating to the services and compensation prescribed. 1 Billon Man. Qorp. 2d Ed. Sec. 169; 19 N. Y. 326. Appellee was a member of the…
1Opinion of the CourtSmith, J.
Weeks sued the town for his salary as recorder from June 1, 1884 to April 28, 1885, at the rate of fifty dollars a month. The answer was in two paragraphs. The first denied the defendant’s indebtedness because the council had on the 27th of May, 1884, abólished the recorder’s-salary and the plaintiff had acquiesced and had continued to-act as recorder, and had from time to time presented to the council his accounts for services, which were duly allowed and paid to him.
In the second paragraph, the defendant pleaded a set-off' of six hundred dollars being one years salary which the plaintiff…
2Cases cited1 opinion
- Baker v. . City of UticaNew York Court of Appeals · 1859
3Cited by15 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Thomas v. SittonSupreme Court of Arkansas · 1948
- Burke v. ElmoreSupreme Court of Arkansas · 2000
- Conner v. BurnettSupreme Court of Arkansas · 1950
- Massongill v. County of ScottSupreme Court of Arkansas · 1999
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