Coleman v. Eight Mile Drainage District No. Two
Supreme Court of Arkansas
.Appeal from Greene Circuit Court; W. J. Driver, Judge; STATEMENT BY THE COURT. Appellant brought suit against appellee alleging that it was a partnership composed of certain members, naming them, and sued the defendant, Eight Mile Drainage District No. 2 of Greene County, Arkansas, a gwasi-public corporation, upon a contract entered into on the 17th day of November, 1908, under which it had in fact agreed to dig a ditch for the defendant and to remove not less than 435,557…
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.Appeal from Greene Circuit Court; W. J. Driver, Judge; STATEMENT BY THE COURT. Appellant brought suit against appellee alleging that it was a partnership composed of certain members, naming them, and sued the defendant, Eight Mile Drainage District No. 2 of Greene County, Arkansas, a gwasi-public corporation, upon a contract entered into on the 17th day of November, 1908, under which it had in fact agreed to dig a ditch for the defendant and to remove not less than 435,557 cubic yards of earth in its construction and as many more yards as the supervising engineer should direct, at and for…
1Opinion of the Court
Kirby, J.,
(after stating the facts). If it be conceded that the county court has power to make further assessment for the construction and completion of a public drain or ditch after the assessment first levied for that purpose has been exhausted it can not be contended'that it can make any such assessment except upon the basis of benefits to the lands in said district for the construction thereof, the law expressly providing that “All assessments shall be made on the basis of benefits accorded by reason of the construction of the improvement and of giving an outlet for drainage.” Section…
2Cases cited6 opinions
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Kirst v. Street Improvement District No. 120Supreme Court of Arkansas · 1908
- Moore v. Board of DirectorsSupreme Court of Arkansas · 1911
- Alexander v. Board of DirectorsSupreme Court of Arkansas · 1911
- Fitch v. McDiarmidSupreme Court of Arkansas · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rainwater v. HaynesSupreme Court of Arkansas · 1968
- State Ex Rel. Drainage District No. 28 of New Madrid County v. ThompsonSupreme Court of Missouri · 1931
- Campbell v. Millard County Drainage Dist. No. 3Utah Supreme Court · 1928
- Hopson v. OliverSupreme Court of Arkansas · 1927
- Prager v. WoottonSupreme Court of Arkansas · 1930
1 more not listed; retrieve them via the Exa API.