Arkansas & Ozark Railway v. Town of Busch

Ed. F. McFaddin, Justice.

This is a direct attack on the order incorporating the Town of Busch, in Carroll County.

On March 9, 1953, the County Court of Carroll County granted the petition of Ernest Huffman and 21 others and declared the Town of Busch to be incorporated. (See § 19-101 et seq. Ark. Stats.) Within 30 days thereafter, The Arkansas and Ozark Railway (appellant here) filed the present proceeding in the Carroll Circuit Court, seeking, under § 19-105 et seq. Ark. Stats., to annul the order of incorporation, and alleging, inter alia-.

“. . . that this proposed town is approximately 3…