Casey v. Trout
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; STATEMENT BY THE COURT. This action was brought by appellants as Board of Improvement for Street Improvement No. 136, of the City of Little Rock, against Jacob Trout, et al., to collect an improvement .district assessment on' certain real estate.
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Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; STATEMENT BY THE COURT. This action was brought by appellants as Board of Improvement for Street Improvement No. 136, of the City of Little Rock, against Jacob Trout, et al., to collect an improvement .district assessment on' certain real estate. Appellees defended on the ground that in making the improvement the board of improvement had taken and used certain curbing belonging to appellee Trout, and that he was entitled to pay therefor. The amount claimed is presented as a set-off against the assessment sued on. The case was…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is contended by counsel for appellant that the claim of appellees for the value of the curbing is barred by the statute of limitations. To sustain their contention they rely on section 5685 of Kirby’s Digest, which reads as follows: “Within thirty days after the passage of the ordinance mentioned above, the recorder or city clerk shall publish a copy of it in some newspaper published in such town or city for one time; and all persons who shall fail, to begin legal proceedings within thirty days after such publication for the purpose of correcting or…
2Cases cited3 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Tatum v. Arkansas Lumber Co.Supreme Court of Arkansas · 1912
- Board of Improvement District No. 5 v. OffenhauserSupreme Court of Arkansas · 1907
3Cited by9 opinions
- Grimes v. CarrollSupreme Court of Arkansas · 1950
- Langston v. HughesSupreme Court of Arkansas · 1926
- Walker v. NortonSupreme Court of Arkansas · 1940
- Norfleet v. HampsonSupreme Court of Arkansas · 1919
- City of Clovis v. ScheurichNew Mexico Supreme Court · 1929
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