Cutler v. Town of Russellville
Supreme Court of Arkansas
ERROR to Pope Circuit Court. Hon. ~W. I). Jacoway, Circuit Judge. The answer' does not allege that the town Council failed to vote to authorize the Mayor to make the contract but merely that the yeas and nays were not called and recorded. The authority was derived from the vote and not the calling and recording the yeas and nays. It was the duty of the Recorder to amend the record acording to the facts. 1 Pill, on Mun. Corp., See. 233 and note.
Read the full summary
ERROR to Pope Circuit Court. Hon. ~W. I). Jacoway, Circuit Judge. The answer' does not allege that the town Council failed to vote to authorize the Mayor to make the contract but merely that the yeas and nays were not called and recorded. The authority was derived from the vote and not the calling and recording the yeas and nays. It was the duty of the Recorder to amend the record acording to the facts. 1 Pill, on Mun. Corp., See. 233 and note. If out of office the corporation should have supplied the omitted record, lb., and mandamus would lie to compel them. Ib., note to See. 350. The…
1Opinion of the CourtSmith, J.
The plaintiff in error, as the assignee of the Davenport Pump Company, sued the town of Russellville for the price of a fire engine and fixtures. The contract of sale was in writing, signed by the Company and Mayor of the incorporated town. It contained a warranty that the engine with eight or ten men at the breaks, no wind interferring, would throw a stream of water one-half to five-eighths of an inch in diameter to the distance of seventy-five to one hundred feet and to a height of forty to seventy feet through two hundred feet of hose. And the defendant in error purchased upon condition…
2Cases cited4 opinions
- Steckert v. City of East SaginawMichigan Supreme Court · 1870
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- McCormick v. Bay CityMichigan Supreme Court · 1871
- City of Delphi v. EvansIndiana Supreme Court · 1871
3Cited by13 opinions
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Forrest City v. OrgillSupreme Court of Arkansas · 1908
- Pickton v. City of FargoNorth Dakota Supreme Court · 1901
- Arkansas Light & Power Co. v. CooleySupreme Court of Arkansas · 1919
- Natural Gas & Fuel Corp. v. Norphlet Gas & Water Co.Supreme Court of Arkansas · 1927
8 more not listed; retrieve them via the Exa API.