Black v. Brinkley
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. M. T, Sanders, Judge. Black and another, on the 24th of February, 1888, made application for a writ of certiorari, upon notice served upon the mayor and recorder of the town of Brinkley, The petition alleged that, on the 9th day of May, 1887, forty-three-persons presented a petition to the county court of Monroe county, praying the court to annex certain territory therein described to the town of Brinkley; that said petition prayed that…
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APPEAL from Monroe Circuit Court. M. T, Sanders, Judge. Black and another, on the 24th of February, 1888, made application for a writ of certiorari, upon notice served upon the mayor and recorder of the town of Brinkley, The petition alleged that, on the 9th day of May, 1887, forty-three-persons presented a petition to the county court of Monroe county, praying the court to annex certain territory therein described to the town of Brinkley; that said petition prayed that territory on the north, south, east and west of the town of Brinkley be annexed thereto; that nearly all of the signers to…
1Opinion of the CourtCockrill, C. J.
1. Parti necessary certiorari p ] ceeding. e s roThe order of annexation which the appellant seeks to quash upon certiorari was made by the county court upon the petition of owners of the annexed territory. They were parties in interest and parties to the record which the appellant sought to annul. There could be no legal determination therefore of their right to annexation without making them parties to the proceeding, or at least without making the person a party whom they had selected, in accordance with the statute governing such cases, to prosecute the petition for annexation in their…
2Cases cited1 opinion
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