{ "id": 1414911, "name": "Bridges v. Incorporated Town of Gateway", "name_abbreviation": "Bridges v. Inc. Town of Gateway", "decision_date": "1936-03-09", "docket_number": "4-4211", "first_page": "411", "last_page": "414", "citations": [ { "type": "official", "cite": "192 Ark. 411" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "199 S. W. 369", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "131 Ark. 453", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1578593 ], "opinion_index": 0, "case_paths": [ "/ark/131/0453-01" ] }, { "cite": "9 S. W. (2d) 24", "category": "reporters:state_regional", "reporter": "S.W.2d", "opinion_index": 0 }, { "cite": "177 Ark. 870", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 8725381 ], "opinion_index": 0, "case_paths": [ "/ark/177/0870-01" ] } ], "analysis": { "cardinality": 283, "char_count": 4160, "ocr_confidence": 0.493, "pagerank": { "raw": 8.138363859351185e-08, "percentile": 0.47018088699379773 }, "sha256": "e5a60a98686db74ee10c69520940a3bc2f15c63e25b37b266cd2c0e7dc9fab7a", "simhash": "1:c4d2ac13e97e335b", "word_count": 694 }, "last_updated": "2023-07-14T21:15:38.173054+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Bridges v. Incorporated Town of Gateway." ], "opinions": [ { "text": "Johnson, C. J.\nThis action was instituted in the Benton Chancery Court by appellants, W. F. Bridges et a.l., citizens and taxpayers of the locality affected, against the mayor and city collector of the incorporated town of Gateway, Arkansas, and Reed Adcock, the tax collector within and for Benton County, to restrain and enjoin an alleged illegal exaction. The complaint in effect alleged: that the town of Gateway in Benton County was on August 22, 1934, incorporated by order of the county court into said town, and that the said town had been incorporated so that it would become a border town on the north line to Missouri and enable filling stations located therein to sell gasoline at Missouri prices and defeat the Arkansas tax, that certain described lands were incorporated into the town to consist of 320 acres, and that there are eight dwelling houses and twelve filling stations situate in the said incorporation; that the order of the court organizing said territory into an incorporated town was null and void, and was an arbitrary and unreasonable exercise of power; that the incorporation of said town is contrary to the provisions of art. 2, \u00a7\u00a7 22 and 23 of the Constitution of the State of Arkansas, by the taking of private property for public use without any just compensation therefor, and that it will be the duty of Reed Adcock, county collector, to collect assessments made by the authorities of said town; the prayer was that the court decree the town of Gateway not legally incorporated; that the officers of said town be enjoined and restrained from levying or assessing any taxes in said incorporation; that Reed Adcock, as county collector, be enjoined and restrained from collecting any such taxes levied or attempted\u2019 to he levied.\nTo the complaint thus filed a general demurrer was interposed and sustained, and appellants refusing to plead further, the complaint was dismissed for want of equity, and this appeal seeks reversal.\nThe incorporated town of Gateway was incorporated by order of the county coui't of Benton County on August 22, 1934, as authorized by \u00a7\u00a7 7664, 7665, and 7666, Crawford & Moses\u2019 Digest. Section 7668 provides one month subsequent to the forwarding and delivery of such order of incorporation (to the Secretary of State, etc.) for any interested or injured party to attack such order of incorporation and \u00a7 7669 provides- the method and means for the hearing and determination of any such controversy.\nIn Bragg v. Thompson, 177 Ark. 870, 9 S. W. (2d) 24, we held that an attack upon an incorporation order made subsequent to the thirty-day period provided for in \u00a7 7668, supra, to be a collateral attack upon said order of incorporation, and not maintainable. We there held, quoting from the 2nd headnote, \u201cUnder Crawford & Moses\u2019 Digest, \u00a7 7668, providing for an attack on the validity of the organization of an incorporated town at any time within one month after the transcripts of the county court\u2019s order authorizing its organization has been forwarded and delivered, an action instituted after that time, to enjoin the subsequently elected officer from functioning held a collateral attack on the judgment of the county court, which is a court of superior jurisdiction.\u201d\nBut appellants assert that Waldrop v. Kansas City Southern Ry. Co., 131 Ark. 453, 199 S. W. 369, sustains their position in this case. This is not so. In the Waldrop ease we expressly held that the county court\u2019s order of incorporation appeared to 'be void upon its face, therefore, under repeated opinions of this court, was subject to collateral attack. Such is not the, status of this record. The county court\u2019s order of incorporation of Gateway, Arkansas, of date, August 22, 1934, appears to be a valid order upon its face, therefore not subject to collateral attack.\nIt follows from what we have said that appellants\u2019 complaint did not allege sufficient facts- to constitute a cause of action in equity, and that the chancellor was correct in so deciding.\nThe decree must be affirmed.", "type": "majority", "author": "Johnson, C. J." } ], "attorneys": [ "Clyde T. Ellis and Vol T. Lindsey, for appellees." ], "corrections": "", "head_matter": "Bridges v. Incorporated Town of Gateway.\n4-4211\nOpinion delivered March 9, 1936.\nClyde T. Ellis and Vol T. Lindsey, for appellees." }, "file_name": "0411-01", "first_page_order": 431, "last_page_order": 434 }