Kindricks v. Machin
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; J. E. Martineau, Chancellor; STATEMENT OF FACTS. This action was instituted by two residents and tax payers of the city of Argenta against the clerk and treasurer of the city, respectively, to enjoin the payment of the sum of $150, a monthly sum allowed the mayor of the city of Argenta by resolution of its council, which, so far as is pertinent here, reads as follows: ‘ ‘ That there shall be, and is hereby appropriated out of any moneys…
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Appeal from Pulaski Chancery Court; J. E. Martineau, Chancellor; STATEMENT OF FACTS. This action was instituted by two residents and tax payers of the city of Argenta against the clerk and treasurer of the city, respectively, to enjoin the payment of the sum of $150, a monthly sum allowed the mayor of the city of Argenta by resolution of its council, which, so far as is pertinent here, reads as follows: ‘ ‘ That there shall be, and is hereby appropriated out of any moneys now on hand, or that may hereafter accumulate in the general funds of the city, the sum of $150 per month, from July 1,…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The statutes of the State provide that the mayor of cities of the first class shall receive such salary as their council “may designate” or “fix,” and, “when once fixed the same shall not be increased or diminished during the term to which he may have been elected, by way of fees, fines or perquisites.” Secs. 5483, 5599 and 5617 of Kirby’s Digest.
It is clearly shown by a preponderance of the evidence that it was the intention of the city council of Argenta, especially after the office of manager of its electric light department was abolished and the duties…
2Cases cited2 opinions
- State ex rel. Trebby v. NicholsSupreme Court of Minnesota · 1901
- Fountain v. Mayor of JacksonMichigan Supreme Court · 1883
3Cited by2 opinions
- Davis v. DoyleSupreme Court of Arkansas · 1959
- Howze v. HutchensSupreme Court of Arkansas · 1948