Lonoke County v. CarlLee
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; All things necessary to confer jurisdiction upon the county court were done in accordance with the statute. Kirby's Dig. § § 2992-3-4-5, 7226, 7229. The fact that the viewers met on a different day from that named in the appointment did not divest the court of jurisdiction, nor render its judgment void.
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Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; All things necessary to confer jurisdiction upon the county court were done in accordance with the statute. Kirby's Dig. § § 2992-3-4-5, 7226, 7229. The fact that the viewers met on a different day from that named in the appointment did not divest the court of jurisdiction, nor render its judgment void. If appellees were aggrieved, their remedy was by appeál and not by certiorari. 61 Ark. 295; 43 Ark. 33; 44 Ark. 5, 13 and cases cited; 52 Ark. 213; 47 Ark. 441. The remedy was by certiorari since appellees were never parties to the…
1Opinion of the CourtWood, J.
Can the judgment of the county court establishing a public road, under chapter 58, Kirby's Digest, be set aside by certiorari, because the owners of the land taken for the public highway did not have notice of the meeting of the viewers appointed by the court to lay out the road, and because the viewers met on a day prior to the day designated by the court for them to meet? The question is answered through Chief Justice Cockrill in Howard v. State, 47 Ark. 431, 441: “The landowner can not be said to be deprived of his rights to be heard by the want of notice of the viewers’ meeting. The…
2Cases cited5 opinions
- Burgett v. AppersonSupreme Court of Arkansas · 1889
- Howard v. StateSupreme Court of Arkansas · 1886
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
- Roberts v. WilliamsSupreme Court of Arkansas · 1854
- Aven v. WilsonSupreme Court of Arkansas · 1895
3Cited by8 opinions
- Sloan v. Lawrence CountySupreme Court of Arkansas · 1918
- Dickerson v. Tri-County Drainage DistrictSupreme Court of Arkansas · 1919
- Road Improvement District No. 2 v. WinklerSupreme Court of Arkansas · 1912
- Nemier v. BramlettSupreme Court of Arkansas · 1912
- Rust v. KocourekSupreme Court of Arkansas · 1917
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