Hall v. Callaway
Supreme Court of Arkansas
Appeal from Clark Chancery Court; James D. Shaver, Chancellor; J. E. Callaway sued E. M. Hall, R. A. Stuart and R. H. Greene, commissioners for Sewer Improvement District No. 1 in Arkadelphia, to restrain them from assuming to act as such commissioners.
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Appeal from Clark Chancery Court; James D. Shaver, Chancellor; J. E. Callaway sued E. M. Hall, R. A. Stuart and R. H. Greene, commissioners for Sewer Improvement District No. 1 in Arkadelphia, to restrain them from assuming to act as such commissioners. The evidence showed that the commissioners were appointed in December, 1905. On March 2, 1908, a resolution was adopted by the city council of Arkadelphia removing the above commissioners for neglect of duty, and certain others were thereupon appointed commissioners in their stead. A subsequently elected city council thereafter refused to…
1Opinion of the CourtWood, J.
The only question presented by this appeal is whether or not the city council of the city of Arkadelphia had power to remove the commissioners for Sewer Improvement District No. 1 without giving them an opportunity to be heard upon the facts as stated in their report to the council. The statutes of this State do not confer any power upon the city council to remove commissioners of improvement districts. Section 5670 of Kirby’s Digest provides: “If all the places on the (improvement) boards shall become vacant, or those appointed shall, after qualification, refuse or neglect to act, new…
2Cases cited1 opinion
- Morrilton Waterworks Improvement District v. EarlSupreme Court of Arkansas · 1903
3Cited by2 opinions
- Taylor v. WallaceSupreme Court of Arkansas · 1920
- Wilson v. MattixSupreme Court of Arkansas · 1921