Selz v. Paving District No. 1 of McGehee

Hast, C. J.,

(after stating the facts). This court has held that the foundation of the improvement is the petition of ten owners of real property situated in the proposed district, and that the provisions of the statute are mandatory and jurisdictional. Board of Improvement District No. 60 v. Cotter, 71 Ark. 556, 76 S. W. 552; Kraft v. Smothers, 103 Ark. 269, 146 S. W. 505; Smith v. Imp. Dist. No. 14 of Texarkana, 108 Ark. 141, 156 S. W. 455, 44 L. R. A. N. S. 696; and Bell v. Phillips, 116 Ark. 167, 172 S. W. 864.

Under the averments of the answer, which are admitted by the demurrer, the…