Bowman v. Frith
Supreme Court of Arkansas
Appeal from Prairie Chancery Court. John M. Elliott, Chancellor. The county court had no power to make the contract in this case. 54 Miss. 670; 61 Ark. 74; 44 Pac. 324. The county pourt had no power to let a contract to repair the court house, in excess of the appropriation. 34 Ark. 369; 36 Ark. 641; 53 Ark. 287; Sand. & H. Dig. § 848. As to the distinction between power to build a court house and jail and to make other contracts.
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Appeal from Prairie Chancery Court. John M. Elliott, Chancellor. The county court had no power to make the contract in this case. 54 Miss. 670; 61 Ark. 74; 44 Pac. 324. The county pourt had no power to let a contract to repair the court house, in excess of the appropriation. 34 Ark. 369; 36 Ark. 641; 53 Ark. 287; Sand. & H. Dig. § 848. As to the distinction between power to build a court house and jail and to make other contracts. Cf. Sand. & H. Dig. § § 839-884 and 1271-1284. See, also, 63 Ark. 402; 54 Ark. 645. The contract to repair the court house is void, and the order of the county…
1Opinion of the CourtHiia, C. J.
This is a suit in chancery by a resident and taxpayer of Prairie County to enjoin the erection of a court house under a contract which called for certain “alterations, additions and repairs” to the old court house. The complaint was met by demurrer, which was sustained, and the ruling thereupon brought here to review.
In brief, the allegations of the complaint are: The levying or quorum court of Prairie County at its October, 1903, term appropriated $2,500 for court house purposes for the current' year. Following this order and reciting it, the county court at its April, 1904, term made an…
2Cases cited5 opinions
- Fones Hardware Co. v. ErbSupreme Court of Arkansas · 1891
- Hilliard v. BunkerSupreme Court of Arkansas · 1900
- Wiegel v. Pulaski CountySupreme Court of Arkansas · 1895
- Durrett v. BuxtonSupreme Court of Arkansas · 1897
- Armstrong v. TruittSupreme Court of Arkansas · 1890
3Cited by11 opinions
- Ladd v. StubblefieldSupreme Court of Arkansas · 1937
- McLellan v. Pledger, County TreasurerSupreme Court of Arkansas · 1945
- Cunningham v. StocktonSupreme Court of Arkansas · 1962
- Sadler v. CravenSupreme Court of Arkansas · 1909
- Stillwell v. JacksonSupreme Court of Arkansas · 1905
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