Watkins v. Eureka Springs
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court, Western District. J. M. Pittman, Judge. The act of February 27, 1875, is in conflict with section 23, article 5, Constitution 1874. It is an attempt to extend the provisions of sections 614-15-16 Gantt’s Digest to cities and towns, without re-enacting them, but merely by referring to them. This cannot be done. 13 Mich., 497/ 4/ Ala., 9; 69 id., 4.13; Boles v. State, 63 id., —; 28 id., 466; 39 id., 37; 27 Me., 9; 27 Vt., 236; 4 La.
Read the full summary
APPEAL from Carroll Circuit Court, Western District. J. M. Pittman, Judge. The act of February 27, 1875, is in conflict with section 23, article 5, Constitution 1874. It is an attempt to extend the provisions of sections 614-15-16 Gantt’s Digest to cities and towns, without re-enacting them, but merely by referring to them. This cannot be done. 13 Mich., 497/ 4/ Ala., 9; 69 id., 4.13; Boles v. State, 63 id., —; 28 id., 466; 39 id., 37; 27 Me., 9; 27 Vt., 236; 4 La. Ann., 296; 3 id., 94; 6 Ind., 31; 9 id., 100; 13 id., 423; 3 Neb., 333; 7 id., 409; 2 Lea (Tenn.), 622; 3 Ind., 327- The act…
1Opinion of the CourtCockrill, C. J.
In a suit by Watkins against Eureka Springs upon warrants issued by the city, the latter answered in effect that the remedy upon the warrants was barred, because the holder had neglected to present them for reissue in compliance with an ordinance passed by the city council for that purpose. A demurrer to the answer was overruled; judgment was rendered for the defendant, and Watkins appealed.
It is urged' that the statute under which the city acted in calling in its warrants is nugatory, bécause, it is said, it is an attempt to extend the provisions of the act regulating the procedure of…
2Cited by30 opinions
- City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- State v. ArmstrongNew Mexico Supreme Court · 1924
- Harrington v. WhiteSupreme Court of Arkansas · 1917
- Grable v. BlackwoodSupreme Court of Arkansas · 1929
25 more not listed; retrieve them via the Exa API.