Sebastian County Road Improvement District v. Hocott
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Greenwood District; J. V. Bourlcmd, Chancellor; 1. The court erred in sustaining the demurrer to the amended complaint and dismissing the complaint and afterwards enjoining defendants from borrowing money or selling bonds. No allegation of the complaint warranted this.
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Appeal from Sebastian Chancery Court, Greenwood District; J. V. Bourlcmd, Chancellor; 1. The court erred in sustaining the demurrer to the amended complaint and dismissing the complaint and afterwards enjoining defendants from borrowing money or selling bonds. No allegation of the complaint warranted this. The court was only called on to determine the validity of the act. 106 Ark. 39. 2. The act here in question is almost a literal copy of Act 265, Acts 1917, construed in 130 Ark. 507. 3. The decree provides for the appointment by the chancellor in vacation of a visitorial committee with…
1Opinion of the CourtMcCulloch, C. J.
This appeal involves the decisions of the chancery court of Sebastian County, Greenwood District, in two separate cases instituted by owners of real property against the Sebastian County Road Improvement District and the directors thereof, which cases were consolidated by the chancery court and tried together.
In the case in which Hocott and others were plaintiffs, the attack is on the validity of the statute which created the improvement district, and in the other case the attack is on the proceedings by the commissioners pursuant to the statute. In the first case the chancery court overruled…
2Cases cited3 opinions
- Heinemann v. SweattSupreme Court of Arkansas · 1917
- Bennett v. JohnsonSupreme Court of Arkansas · 1917
- Milwee v. TribbleSupreme Court of Arkansas · 1919
3Cited by3 opinions
- White v. WilliamsSupreme Court of Arkansas · 1933
- Barber v. Grand Summitt Mining Co.Washington Supreme Court · 1941
- Button v. O. S. Stapley Co.Arizona Supreme Court · 1932