Caton v. Western Clay Drainage District
Supreme Court of Arkansas
Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; This appeal involves an atack upon the constitutionality of an act of the General Assembly of 1907, entitled “An Act to provide for a topographical survey of and to authorize the drainage and levying of certain portions of the Western District of Clay County, Arkansas, by and under the supervision of a board of directors, to be vested with corporate powers and to be named ‘Western Clay Drainage District,’ and…
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Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; This appeal involves an atack upon the constitutionality of an act of the General Assembly of 1907, entitled “An Act to provide for a topographical survey of and to authorize the drainage and levying of certain portions of the Western District of Clay County, Arkansas, by and under the supervision of a board of directors, to be vested with corporate powers and to be named ‘Western Clay Drainage District,’ and for other purposes”; approved May 23, 1907, and found on page 890 to 910 of the Acts of 1907. The plaintiff, William…
1Opinion of the CourtHill, C. J.
1. The first attack upon the act is that it deprives the owner of his property without due process of law. The act provides, in section 8, paragraph (g), for publication of notice to all persons interested of the assessments, and gives them thirty days in which to file exceptions thereto. This complies with the due process requirement.
2. The next objection is, “because said act is a local or special law, and no notice was given of intention to apply therefor as required by sec. 25, art. 5, of the Constitution of Arkansas.” This question has so often been held to be a legislative and not a…
2Cases cited6 opinions
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
- Sudberry v. GravesSupreme Court of Arkansas · 1907
- Coffman v. St. Francis Drainage DistrictSupreme Court of Arkansas · 1907
- Craig v. Russellville Waterworks Improvement DistrictSupreme Court of Arkansas · 1907
- Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Booe v. Road Improvement District No. 4Supreme Court of Arkansas · 1919
- St. Louis, Iron Mountain & Southern Railway Co. v. Board of Directors of Levee District No. 2Supreme Court of Arkansas · 1912
- Bush v. BransonCourt of Appeals for the Eighth Circuit · 1918
- Martin v. ReynoldsSupreme Court of Arkansas · 1916
- Merritt v. No Fence District No. 2, Jefferson Cty.Supreme Court of Arkansas · 1943
2 more not listed; retrieve them via the Exa API.