Oliver v. Whittaker
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Charles D. Frierson, Chancellor; The rule is that the expense of ¡constructing a drain can not be assessed against particular lands to an amount in excess of the benefits received by such lands. 14 Cyc. 1061 and notes 41 and 42; lb. 1062 and note 50; 10 A. & E. Ene.
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Appeal from Clay Chancery Court, Western District; Charles D. Frierson, Chancellor; The rule is that the expense of ¡constructing a drain can not be assessed against particular lands to an amount in excess of the benefits received by such lands. 14 Cyc. 1061 and notes 41 and 42; lb. 1062 and note 50; 10 A. & E. Ene. L. 232; 120 111. 482. The Act of 1913 says the interest on the bond shall be included and added to the tax, etc., but does not authorize the levy of a tax to pay ¡such interest. The power to tax must be express; such grants are construed strictly and all doubts given to the…
1Opinion of the CourtMcCulloch, C. J.
Appellant is the owner of real property within the boundaries of Big Gum Drainage District in Clay and Greene counties, and instituted this action in the chancery court of Clay County to enjoin the commissioners of the Drainage District from issuing bonds. An attack was made in the pleadings on the validity of the organization of the district, but those attacks appear to have been abandoned, and the sole question presented here for determination is whether or not the .proposed bond issue is valid.
The contention is that the interest on the bonds must be taken into account in determining the…
2Cases cited7 opinions
- Kirst v. Street Improvement District No. 120Supreme Court of Arkansas · 1908
- Fitzgerald v. WalkerSupreme Court of Arkansas · 1891
- Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
- Alexander v. Board of DirectorsSupreme Court of Arkansas · 1911
- People v. WeberIllinois Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kersh Lake Drainage District v. JohnsonSupreme Court of Arkansas · 1941
- Chicago Mill & Lumber Co. v. Drainage District No. 17Supreme Court of Arkansas · 1927
- Pfeiffer v. BertigSupreme Court of Arkansas · 1920
- Benton v. NowlinSupreme Court of Arkansas · 1933
- Skillern v. White River Levee DistrictSupreme Court of Arkansas · 1919
13 more not listed; retrieve them via the Exa API.