Legal Opinion

Gaines v. Waters

Supreme Court of Arkansas

Decided January 8, 1898PublishedCited by 8 opinions

Appeal from Garland Chancery Court., Leland Leatherman, Chancellor. The board of health has no power to adjudicate or abate nuisances. The city council alone has this power, and it cannot delegate it. Sand. & H. Dig., §§ 5132, 5203; 29 Am. Rep. Í05, and note; 30 Am. Rep. 776; 37 Am. Dec. 271, and note; 96 Am. Dec. 311, and note; Wood, Nuisances (2 Ed.), 820. But even if the board of health had such power, the house in this case was not a nuisance per se. 16 Am. & Eng.

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Appeal from Garland Chancery Court., Leland Leatherman, Chancellor. The board of health has no power to adjudicate or abate nuisances. The city council alone has this power, and it cannot delegate it. Sand. & H. Dig., §§ 5132, 5203; 29 Am. Rep. Í05, and note; 30 Am. Rep. 776; 37 Am. Dec. 271, and note; 96 Am. Dec. 311, and note; Wood, Nuisances (2 Ed.), 820. But even if the board of health had such power, the house in this case was not a nuisance per se. 16 Am. & Eng. Enc, Law, 937,'and notes; Wood, Nuisances (2 Ed.), 24, 25. The official declaration of appellees could not make it so. 41 Ark.…

1Opinion of the CourtRiddick, J.

This is an action brought by'appellants to enjoin W. W. Waters, mayor, and T. J. Laughlin, chief of police of Hot-Springs, and other parties from tearing down and removing a certain building in said city owned by appellants. The defendants for answer stated that they were acting under the orders of the board of health of Hot Springs, which had declared said house to be a nuisance, dangerous to the health of the city, and had ordered it to be removed. It was also alleged that the house was in fact a nuisance; that it was in a dilapidated, decayed and filthy condition; that during a recent…

2Cases cited4 opinions

  1. McKibbin v. Fort SmithSupreme Court of Arkansas · 1880
  2. White v. SmithSupreme Court of Arkansas · 1897
  3. Cole v. KeglerSupreme Court of Iowa · 1884
  4. Ward v. City of Little RockSupreme Court of Arkansas · 1883

3Cited by8 opinions

  1. Kirkland v. StateSupreme Court of Arkansas · 1904
  2. Lonoke v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1909
  3. Jones v. MitchellSupreme Court of Arkansas · 1907
  4. Waters v. TownsendSupreme Court of Arkansas · 1898
  5. Cannon v. LunsfordSupreme Court of Arkansas · 1909

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