Road Improvement District No. 1 v. Cooper
Supreme Court of Arkansas
Appeal from Hot Springs Chancery Court; J. P. Henderson, Chancellor; The decree entered in this case is a final one from which an appeal will lie. There is a substantial denial of justice on the part of the trial court, which held, in effect, that it is without jurisdiction to determine the issue presented until the Federal court has done some act or other. The right of appeal falls squarely within the second and third paragraphs of § 2129, C. & M. Digest.
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Appeal from Hot Springs Chancery Court; J. P. Henderson, Chancellor; The decree entered in this case is a final one from which an appeal will lie. There is a substantial denial of justice on the part of the trial court, which held, in effect, that it is without jurisdiction to determine the issue presented until the Federal court has done some act or other. The right of appeal falls squarely within the second and third paragraphs of § 2129, C. & M. Digest. The determination of the issues should be first by the State court rather than the Federal court. Sec. 1031, Barnes’ Federal Code. The…
1Opinion of the CourtMcCulloch, C. J.
The General Assembly of 1921, by special act approved February 18, 1921, (Act No. 143) created a road improvement district in Hot Spring County and named the commissioners thereof. Authority was conferred to improve a certain road or roads, to levy assessments to pay for the same and to issue bonds. A complaint was filed against the commissioners in the chancery court by an owner of real property in the district attacking the validity of the statute and seeking to enjoin proceedings thereunder. Other owners of real property in the district intervened. The chancellor granted a temporary…
2Cases cited2 opinions
- Ex parte Batesville & Brinkley RailroadSupreme Court of Arkansas · 1882
- Miller v. O'BryanSupreme Court of Arkansas · 1880
3Cited by5 opinions
- Road Improvement District No. 1 v. HendersonSupreme Court of Arkansas · 1922
- Sager v. HibbardSupreme Court of Arkansas · 1942
- Baker v. HarrisonSupreme Court of Arkansas · 1969
- Blakely v. NewtonSupreme Court of Arkansas · 1923
- Sager v. HibbardSupreme Court of Arkansas · 1942