Smith v. Improvement District No. 14
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; 1. The petition was not signed by a majority in value of the owners of real property in the district. 2. The'council erred in including lot 1 and lots 11 and 12, block 73. These lots received no benefit and Frost’s signature was obtained by fraud. 98 Ark. 543; 98 Id. 113; 94 Id. 563; 68 Id. 381; 89 Id. 561; 81 Id. 562; 83 Id. 54; 86 Id. 1; Welty on Assessments, § 292; -81 Ark. 219; 80 Id. 467; Hamilton on…
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Appeal from Miller Chancery Court; James D. Shaver, Chancellor; 1. The petition was not signed by a majority in value of the owners of real property in the district. 2. The'council erred in including lot 1 and lots 11 and 12, block 73. These lots received no benefit and Frost’s signature was obtained by fraud. 98 Ark. 543; 98 Id. 113; 94 Id. 563; 68 Id. 381; 89 Id. 561; 81 Id. 562; 83 Id. 54; 86 Id. 1; Welty on Assessments, § 292; -81 Ark. 219; 80 Id. 467; Hamilton on Assessments, § § 340, 443; 117 Fed. 925 ; 28 Cyc. 1130. 3. The assessment was illegal. 86 Ark. 1; Welty bn Assessments, 311.…
1Opinion of the CourtHart, J.
Improvement District No. 14 of tbe city of Texarkana, Arkansas, was organized for tbe purpose of grading and paving with creosote blocks or asphalt some fifteen blocks of streets composed for tbe most part of State Line Avenue and Front Street. C. A. Smith and R. H. T. Mann, who are owners of real estate within tbe proposed district, instituted this action in tbe chancery court against tbe members of tbe board of improvement district to enjoin tbe collection of assessments against their lands and to vacate and annul tbe improvement district. Among other grounds, they allege that tbe second…
2Cases cited3 opinions
- Connecticut Spiritualist Camp-Meeting Ass'n v. Town of East LymeSupreme Court of Connecticut · 1886
- Rector v. Board of ImprovementSupreme Court of Arkansas · 1887
- Lenow v. FonesSupreme Court of Arkansas · 1886
3Cited by13 opinions
- Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
- Bell v. PhillipsSupreme Court of Arkansas · 1915
- Evans v. Southside Place Park Ass'nCourt of Appeals of Texas · 1941
- Riddle v. BallewSupreme Court of Arkansas · 1917
- Selz v. Paving District No. 1 of McGeheeSupreme Court of Arkansas · 1927
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