Newbold v. Stuttgart
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The ordinance was void. It was not duly passed by a majority of the council, nor were the rules suspended requiring a reading on three separate days. K. & G. Dig., § 6502; 40 Ark. 17; Dillon on Mun. Corp. (5 ed.), § 530; 19 E. C. L. 891; 55 L. E. A. 614; 28 Cyc. 335; K. & C. Dig., § 6510. 2. Injunction the proper remedy. 35 Ark. 352; Dillon on Mun. Corp. (5 ed.), § 582; 142 La. 932; 4 Pomeroy, Eq.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The ordinance was void. It was not duly passed by a majority of the council, nor were the rules suspended requiring a reading on three separate days. K. & G. Dig., § 6502; 40 Ark. 17; Dillon on Mun. Corp. (5 ed.), § 530; 19 E. C. L. 891; 55 L. E. A. 614; 28 Cyc. 335; K. & C. Dig., § 6510. 2. Injunction the proper remedy. 35 Ark. 352; Dillon on Mun. Corp. (5 ed.), § 582; 142 La. 932; 4 Pomeroy, Eq. Jur., p. 4133, § 1777; 3 A. L. E. 955. The chancery court had no jurisdiction. The validity or invalidity of an ordinance is…
1Opinion of the CourtWood, J.
The appellant instituted this action against the appellees, the city of Stuttgart, its mayor and chief of police, to enjoin them from enforcing an ordinance purporting to extend the fire limits of the city. The appellant alleged that the appellee city is a city of the first class, its council consisting of six members ; that when the ordinance in question was attempted to be passed five aldermen were present; that the mayor and one alderman were absent; that one of the aldermen was chosen to preside and did not vote, and that of the remaining four aldermen three voted for the ordinance and…
2Cases cited1 opinion
- Oglesby v. Fort SmithSupreme Court of Arkansas · 1912
3Cited by10 opinions
- Young v. GurdonSupreme Court of Arkansas · 1925
- Hatfield v. MeersMissouri Court of Appeals · 1966
- STATE Ex Rel ROBERTS v. GRUBEROregon Supreme Court · 1962
- City of Highland Park v. CalderAppellate Court of Illinois · 1932
- Clark v. MahanSupreme Court of Arkansas · 1980
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