Burton v. Chicago Mill & Lumber Co.
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1. The statute is mandatory. The finding of fact by the court is in the language of th» statute, and when, having heard the evidence and found that the organization of the proposed district “will be to the advantage of the owners of real property therein,” he could not ignore “the best interest of the owners of real property” therein and dismiss the petition.
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Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1. The statute is mandatory. The finding of fact by the court is in the language of th» statute, and when, having heard the evidence and found that the organization of the proposed district “will be to the advantage of the owners of real property therein,” he could not ignore “the best interest of the owners of real property” therein and dismiss the petition. Castle’s Sup., §§ 1450-A and 1450-B. The statute is too plain and unambiguous to leave any room for doubt as to the meaning of the Legislature. Moreover,…
1Opinion of the CourtSmith, J.
On the 15th day of May, 1911, a petition of land owners who were proceeding under Act 279 of the General Assembly of the State of Arkansas for the year 1909, as amended by Act No. 221, of the Public Acts of 1911, was presented to the circuit court of the Chickasawba District, Mississippi County, Arkansas, for the organization of a drainage district, including a large part of Mississippi County and a considerable part of Craighead and Poinsett counties. The order for the preliminary survey was made, and an engineer appointed, who later reported “that the construction of said'proposed drainage…
2Cases cited1 opinion
- Gebhart v. MerchantSupreme Court of Arkansas · 1907
3Cited by9 opinions
- Board of Directors v. DunbarSupreme Court of Arkansas · 1913
- Jones v. AdkinsSupreme Court of Arkansas · 1926
- Henry v. IrbySupreme Court of Arkansas · 1927
- Jones v. FletcherSupreme Court of Arkansas · 1918
- Less Land Co. v. FenderSupreme Court of Arkansas · 1915
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