Stiewel v. Fencing District No. 6
Supreme Court of Arkansas
Appeal from Johnson Circuit Court in Chancery. Wm. L. Moose, Judge. Appellee had no power to maintain this action. Art. 19, § 27, Const. The consent of the property owners to establish a district and levy a tax must be given in the manner prescribed by law. Sand. & H. Dig., § 1176; 50 Ark. 125; 108 N. Y. 373; 2 Dill. Mun. Corp. 769; 59 Ark 358; Beach, Pub. Corp. § 1180; 117 TJ. S. 683; 71 N. Y. 309; 108 N. Y. 373; 1 Dill. Mun.
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Appeal from Johnson Circuit Court in Chancery. Wm. L. Moose, Judge. Appellee had no power to maintain this action. Art. 19, § 27, Const. The consent of the property owners to establish a district and levy a tax must be given in the manner prescribed by law. Sand. & H. Dig., § 1176; 50 Ark. 125; 108 N. Y. 373; 2 Dill. Mun. Corp. 769; 59 Ark 358; Beach, Pub. Corp. § 1180; 117 TJ. S. 683; 71 N. Y. 309; 108 N. Y. 373; 1 Dill. Mun. C.orp. § 457. The failure to obtain the consent of a majority of the owners renders all proceedings void. 10 Col. 122; 145 111. 80; 58 Cal. 206; 28 Ark. 360; 31 Pac.…
1Opinion of the CourtWood, J.
This is a proceeding by complaint in equity under the statute to have the lands of appellant sold for taxes assessed against them for Fencing District No. 6 of Johnson county. The appellant contends that the assessment is invalid:
1. Because two-thirds of the landowners did not sign the petition asking for the district. The order of the county court establishing the district recites: “The court being convinced that the petitioners are in number more than two-thirds of the owners of land within the district, it is the judgment of the court,” etc.
This is also recited as a fact in the petition.…
2Cases cited12 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Thomas v. GainMichigan Supreme Court · 1876
- Radcliffe v. ScruggsSupreme Court of Arkansas · 1885
- Fitzgerald v. WalkerSupreme Court of Arkansas · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Board of Improvement of Sewer District Number 2 v. MorelandSupreme Court of Arkansas · 1910
- Board of Improvement District No. 5 v. OffenhauserSupreme Court of Arkansas · 1907
- Alexander v. Board of DirectorsSupreme Court of Arkansas · 1911
- Johnson v. RudolphCourt of Appeals for the D.C. Circuit · 1926
- Chapman & Dewey Land Co. v. WilsonSupreme Court of Arkansas · 1909
10 more not listed; retrieve them via the Exa API.