Kraft v. Smothers
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau Chancellor; 1. The authority to levy taxes for local improvements has its Qrigin- in the principle of local self-government. 67 Ark. 30. • The filing of the petition of ten property owners being mandatory and jurisdictional for the protection of property owners, the city council has no authority to form an improvement district until such a petition has been filed, nor to create any district except such as is requested in…
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Appeal from Pulaski Chancery Court; John E. Martineau Chancellor; 1. The authority to levy taxes for local improvements has its Qrigin- in the principle of local self-government. 67 Ark. 30. • The filing of the petition of ten property owners being mandatory and jurisdictional for the protection of property owners, the city council has no authority to form an improvement district until such a petition has been filed, nor to create any district except such as is requested in the petition. 71 Ark. 561; 59 Ark. 344, 356-7; Kirby’s Dig., § 5665, as amended by Acts 1905, p. 300. 2. The assessments…
1Opinion of the CourtHart, J.
This action was instituted in the chancery court by the plaintiff, L. S. Smothers et al., constituting the Board of Improvement of Sewer District No. 67, to enforce the payment of an assessment upon the property of C. L. Kraft situated within said district. The defendant, Kraft, filed an answer, subdivided into four separate paragraphs, in which he claimed that said assessments are illegal and void. The plaintiff demurred to the answer; the demurrer was sustained, and, the defendant declining to plead further, a decree was rendered in favor of the plaintiffs, and the defendant has appealed.
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2Cases cited2 opinions
- Watkins v. GriffithSupreme Court of Arkansas · 1894
- Pine Bluff Water Co. v. Sewer DistrictSupreme Court of Arkansas · 1891
3Cited by12 opinions
- Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
- Bell v. PhillipsSupreme Court of Arkansas · 1915
- Harnwell v. WhiteSupreme Court of Arkansas · 1914
- Board of Improvement of Paving District No. 7 v. BrunSupreme Court of Arkansas · 1912
- Riddle v. BallewSupreme Court of Arkansas · 1917
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