Hill v. Cruce
Supreme Court of Arkansas
Appeal from Conway Chancery Court; Jordan Sellers, Chancellor; 1. Appellee was one of the board of commissioners of district 1 and could not employ or hire himself at a stated price per month. Act 338, § 5, Acts 1915, prohibits him from so doing. The hiring was unlawful and the contract void, and 'he should have been restrained as prayed, and it was error ■ to refuse the relief prayed.
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Appeal from Conway Chancery Court; Jordan Sellers, Chancellor; 1. Appellee was one of the board of commissioners of district 1 and could not employ or hire himself at a stated price per month. Act 338, § 5, Acts 1915, prohibits him from so doing. The hiring was unlawful and the contract void, and 'he should have been restrained as prayed, and it was error ■ to refuse the relief prayed. Act. 338, § 5, Acts 1915, p. 1407. The law is clear and plain, and this case is ruled by 98 Ark. 38. The hiring is against public policy and void. 25 Wis. 551; 81 Ark. 599; 54 N. T. 314'; 95 Pac. 349. 2. Cruce…
1Opinion of the CourtSmith, J.
The instant case is not distinguishable on the material facts from the case of Tallman v. Lewis, 124 Ark. 6. Tallman was a commissioner of a drainage district, and had been employed by the board of commissioners to supervise the construction of the ditch. Appellee Cruce is a commissioner of a road improvement district organized under the Alexander road law (act 33)8, Acts 1915), and was employed by the board of commissioners to supervise the construction of the road.
The oath required of the commissioner in each case was “that he will not, directly or indirectly, be interested in any contract…
2Cases cited2 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Tallman v. LewisSupreme Court of Arkansas · 1916
3Cited by6 opinions
- Waddell v. TraylorSupreme Court of Colorado · 1937
- Holcombe v. KennedySupreme Court of Arkansas · 1923
- Goldsmith v. WrightSupreme Court of Arkansas · 1926
- Holcombe v. KennedySupreme Court of Arkansas · 1923
- Waddell v. TraylorSupreme Court of Colorado · 1937
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