Phillips v. Tyronza & St. Francis Road Improvement District
Supreme Court of Arkansas
Appeal from Cross Chancery Court; A. L. Hutchins, Chancellor; STATEMENT OP PACTS. P. J. Phillips brought suit in equity against the Tyronza and St. Francis Road Improvement District of Cross • County, Arkansas, which was created by act No. 140 of the acts of the special session of 1920. The complaint alleges that the estimated cost of the improvement is $427,991, and that the assessed benefits are $481,741; that the commissioners contemplated selling bonds in the sum of…
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Appeal from Cross Chancery Court; A. L. Hutchins, Chancellor; STATEMENT OP PACTS. P. J. Phillips brought suit in equity against the Tyronza and St. Francis Road Improvement District of Cross • County, Arkansas, which was created by act No. 140 of the acts of the special session of 1920. The complaint alleges that the estimated cost of the improvement is $427,991, and that the assessed benefits are $481,741; that the commissioners contemplated selling bonds in the sum of $427,990, which will, together with the interest, amount to approximately $700,000, and that this will exceed the total…
1Opinion of the CourtHart, J.
(after stating the facts).., It, is earnestly .insisted that, under the allegations of fhe.nqprplW^'j11 each case, when the interest is added-to. the .amourf of bonds proposed to be issued that the.cosf of- thq.imprqyement will exceed the total assessment of benefits, .qn^-for that reason the district is void. The. determination of this question depends upon the construction; tq.bp p,laped,-J?®on section 10, which is the same in each act.;ri.Jf .re.ad^ as follows: ,
“Section 10. The amount of,Interest,,which-,..will accrue on bonds issued by such district shaikh,e included and added to the…
2Cases cited7 opinions
- Missouri Pacific Railroad v. Conway County Bridge DistrictSupreme Court of Arkansas · 1918
- Rayder v. WarrickSupreme Court of Arkansas · 1918
- Pritchett v. Road Improvement District No. 3Supreme Court of Arkansas · 1920
- Pfeiffer v. BertigSupreme Court of Arkansas · 1920
- Hout v. HarveySupreme Court of Arkansas · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kersh Lake Drainage District v. JohnsonSupreme Court of Arkansas · 1941
- Benton v. NowlinSupreme Court of Arkansas · 1933
- Nunes v. CoyleSupreme Court of Arkansas · 1921
- Greer v. BlockerSupreme Court of Arkansas · 1951
- Richey v. Long Prairie Levee DistrictSupreme Court of Arkansas · 1941
4 more not listed; retrieve them via the Exa API.