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SIMONS v. DAVIS

No. 77-384.

566 S.W.2d 730 (1978)

James SIMONS, Mayor, and Willard W. Taylor, L. C. Hendrix, William S. Walters, Melvin Pierce, Riley Brown, and Austin Smothers, Aldermen, all of Central City, Arkansas, Appellants, v. Clarence DAVIS, in his own behalf and on behalf of all other signed Petitioners similarly situated, Appellees.

Supreme Court of Arkansas, In Banc.

Rehearing Denied July 3, 1978.

Attorney(s) appearing for the Case

Batchelor & Batchelor by Fines F. Batchelor, Jr., Van Buren, for appellants.

Walters & Davis by Hal W. Davis, Fort Smith, for appellees.

HOWARD, Justice.

We are to decide whether the trial court committed reversible error in holding that appellees' petition to the mayor and councilmen of the Town of Central City requesting an immediate special election to determine whether the Town's charter should be surrendered was proper, valid and conformed to the requirements under Act 22 of 1883; and that Act 22 of 1883 had not been repealed by Act 224 of 1957.

THE FACTS

An unverified petition...

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