Dickinson v. Reeder
Supreme Court of Arkansas
Appeal from Howard Chancery Court, James D. Shaver, Chancellor; The act creating the district is unconstitutional and void, as it attempts to confer power' on the commissioners to maintain and repair public roads.
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Appeal from Howard Chancery Court, James D. Shaver, Chancellor; The act creating the district is unconstitutional and void, as it attempts to confer power' on the commissioners to maintain and repair public roads. Const., art. 7, § 28; 89 Ark. 516. It takes jurisdiction from the county court which has exclusive control over public roads. 1. The act is not void because it provides for the maintaining of the road after completion. 213 S. W. 762; 213 Id. 882, 255; 16. 633; 102 Ark. 306; 95 Id. 496; 71 Ark. 27; 78 Id. 584; 52 Id. 332. 2. If only a part of the act is unconstitutional that only…
1Opinion of the CourtMcCulloch, C. J.
This case involves an attack on the validity of a statute creating a local improvement district in Howard County for the purpose of improving a certain road and for maintaining and keeping it in repair after so improved. Act No. 562, Regular Session of 1919.
The attack is narrowed to that feature of the statute which authorizes the continuation of the district for the purpose of repairing and maintaining the road to he improved, the contention being that that feature is void and renders the whole statute void. Thus the single question presented iii the case is whether or not in the creation of…
2Cases cited3 opinions
- Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1909
- Easley v. PattersonSupreme Court of Arkansas · 1920
- Prewitt v. LaddSupreme Court of Arkansas · 1919
3Cited by7 opinions
- Murphy v. CookSupreme Court of Arkansas · 1941
- Wimberly v. Road Improvement District No. 7Supreme Court of Arkansas · 1923
- Nettles v. Hazelwood Road Improvement District No. 2Supreme Court of Arkansas · 1920
- Morehart v. Mabelvale Road Improvement District No. 29Supreme Court of Arkansas · 1928
- Ragsdale v. CunninghamSupreme Court of Arkansas · 1941
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