Angel v. Town of Spring City

• Decision Date: 26 August 1899
• Citation: 53 S.W. 191
• Parties: ANGEL et al. v. TOWN OF SPRING CITY et al.
• Court: Tennessee Supreme Court

53 S.W. 191

ANGEL et al. v. TOWN OF SPRING CITY et al.

Court of Chancery Appeals of Tennessee.

August 26, 1899.

Appeal from chancery court, Rhea county; I. M. McConnell, Chancellor.

Bill by J. W. Angel and others against the supposed municipal corporation and government of the town of Spring City. Defendant R. C. Cunningham filed a plea in abatement, and the other defendants demurred. The chancellor sustained the demurrer and dismissed the bill, and complainants appeal. Reversed.

Burkett, Miller & Mansfield, for appellants. R. C. M. Cunningham and John C. Lock, for appellees.

NEIL, J.

The bill in this case was filed by certain citizens and taxpayers owning property and residing within the territory of the supposed corporation of the town of Spring City, this state, for the purpose of having declared void upon its face the charter of incorporation under which the supposed municipality was acting. After stating their citizenship and property rights, and that the authorities were proposing to assess taxes upon their property, and that their property was depreciated in value by the existence of such taxes, the bill proceeds as follows: "Complainants represent and show to your honor that said territory is not a municipal corporation, and cannot legally assess and collect taxes, for the reason that the law under which said territory attempted to incorporate was not complied with. Prior to March 20, 1890, certain persons residing in or near the aforesaid territory set about incorporating the same as the town of Spring City, under the general incorporation laws of 1875, and amended by the Acts of 1877 of the State of Tennessee. Such action was had that resulted in a pretended election, held on or about March 20, 1890, by one G. W. Pardee, signing himself as special deputy. Said Pardee made the certificate, hereto attached, marked `Exhibit A,' and made a part hereof, but not for copy. A copy of which was transmitted to the secretary of state at Nashville, and on this evidence alone the secretary of state issued a certificate of incorporation, a true copy of which is filed as Exhibit B hereto, and made a part hereof, but not for copy; and on March 31, 1890, the aforesaid certificate of the secretary of state and a copy of the certificate of said Pardee were put to registration in the register's office of Rhea county, Tenn. The foregoing was all the action that was taken to perfect the corporation of the town aforesaid, and soon afterwards a pretended election was held, at which aldermanic candidates were nominated and voted for, and also an alderman at large or mayor. The aforesaid territory has been acting as a corporation since, and has been assessing and collecting taxes, holding elections, and generally carrying on and exercising the functions of a municipal government. The names of the present city officials are correctly set forth in the caption hereof. In fact the aforesaid town of Spring City was not incorporated when it made an effort to incorporate as before stated. This effort failed for many reasons, some of which are as follows: First. There was no full and correct alphabetical list of the names of the persons residing within the territory proposed to be incorporated, who would have been legal voters therein had the same then been incorporated, prepared in blank book or otherwise, as required by statute governing such cases, as complainants are informed, and on such information charge; nor was such book or list of voters filed in the office of the county court clerk of Rhea county, Tennessee, nor with any justice of the peace therein. Second. It is positively stated that no application for incorporation, signed by freeholders, as required by law, was ever prepared and filed in the office of said county clerk, or with any justice of the peace, as required by the acts aforesaid. Third. The pretended election aforesaid was not held by an officer having power to hold the same, as complainants are informed, and on such information state. Fourth. It is positively charged that the certificate of the deputy sheriff holding said election (if such officer was in fact a deputy and had power to hold such election) was not indorsed on the application for charter, and registered with it, as required by law, for there was no such application for charter." Exhibit A, referred to, is as follows: "State of Tennessee, Rhea county. I, G. W. Pardee, special deputy, certify that, in accordance with the provisions of law applicable to such cases, I opened and held an election in the proposed incorporated town of Spring City on the 25th day of March, 1890. The list of qualified voters of said town furnished me on the day of said election shows the number of qualified voters to be (158) one hundred and fifty-eight. At said election there were cast for `Corporation' one hundred and eighteen (118) votes, and for `No Corporation' eighteen (18) votes. This March 25, 1890. G. W. Pardee, Special Deputy Sheriff." Exhibit B, omitting the description of the territory, is as follows: "State of Tennessee. Charter of Incorporation. Be it known that the town or city of Spring City, located in the county of Rhea and state of Tennessee, and bounded as follows, to wit [here follows a description of the territory], is hereby duly and legally incorporated, and as such is entitled to all the benefits and subject to all the responsibilities of the laws of the state applicable to municipal corporations. In testimony whereof, I have hereunto subscribed my official...