Legal Opinion

Carter v. Randolph County

Supreme Court of Arkansas

Decided November 22, 1920PublishedCited by 3 opinions

Appeal from Randolph Circuit Court; J. B. Baker, Judge; The sole question is whether appellants, in appealing from the awards of damages in the county court, should have proceeded under § 3006, Kirby’s Digest, instead of § 1487 Id. The right of appeai from county courts is reserved in our Constitution, and the Legislature is without authority except to designate reasonably the manner in which such right may be exercised.

Read the full summary

Appeal from Randolph Circuit Court; J. B. Baker, Judge; The sole question is whether appellants, in appealing from the awards of damages in the county court, should have proceeded under § 3006, Kirby’s Digest, instead of § 1487 Id. The right of appeai from county courts is reserved in our Constitution, and the Legislature is without authority except to designate reasonably the manner in which such right may be exercised. Const., art. 7, §§ 14, 33; 90 Id. 219; 118 S. W. 1010; 204 Id. 746. A consideration of act 422, Acts 1911, is useful only for the purpose of ascertaining what method has been…

1Opinion of the CourtSmith, J.

Proceeding under the authority of act 422 of the Public Acts of 1911 (Public Acts 1911, page 364), the county court of Randolph County made an order widening and extending a certain public road in that county, thereby taking certain lands, for the purposes of the road, belonging to appellants. The county court made an order assessing the damages, and within six months thereafter, but after the lapse of more than ten days, appellants attempted to appeal. The circuit court dismissed the proceedings upon the ground that the appeal should have been taken within ten days after the rendition of the…

2Cases cited1 opinion

  1. Huddleston v. CoffmanSupreme Court of Arkansas · 1909

3Cited by3 opinions

  1. House v. Road Improvement District No. 2Supreme Court of Arkansas · 1923
  2. Greig v. Crawford CountySupreme Court of Arkansas · 1974
  3. Morrow v. MockSupreme Court of Arkansas · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API