Waldrop v. Kansas City Southern Railway Co.
Supreme Court of Arkansas
Appeal from Little Eiver Chancery Court; Jas. D. Shaver, Chancellor; 1. The town of Ogden was legally incorporated. 97 Ark. 248. The incorporation could only be raised in a direct proceeding by the State. lb.; 81 Id. 391; 47 Id. 269; 31 Id. 476; 20 Id. 204. 2. Acquiescence by the public for a long period of time precludes an inquiry into the legality of the incorporation. 38 Ark. 81; 54 Id. 372. 2. The orders were not void. The court was not held on the wrong day.
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Appeal from Little Eiver Chancery Court; Jas. D. Shaver, Chancellor; 1. The town of Ogden was legally incorporated. 97 Ark. 248. The incorporation could only be raised in a direct proceeding by the State. lb.; 81 Id. 391; 47 Id. 269; 31 Id. 476; 20 Id. 204. 2. Acquiescence by the public for a long period of time precludes an inquiry into the legality of the incorporation. 38 Ark. 81; 54 Id. 372. 2. The orders were not void. The court was not held on the wrong day. Const. 1874, art. 18; Kirby’s Digest, § § 1320,1365; 104 Ark. 627; 82 Id. 188; 57 Id. 1; 39 Id. 448; 32 Id. 278; 31 Md. 247; 28…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) In the first place the chancellor held that the corporation was not organized in accordance with the statute so as to acquire thereby a valid existence and in this conclusion we think the chancellor was correct. Section 5576 of Kirby’s Digest provides that the order for the organization of incorporated towns shall be made by the county court. The record of the county court of June 24, 1907, shows that the court ordered July 29,1907, as the day to be fixed for the hearing of a petition relative to the incorporation of Ogden. Subsequently, however, the…
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