Prewitt v. Ladd
Supreme Court of Arkansas
Appeal from Lincoln Chancery Court; John M. Elliott, Chancellor; The act is unconstitutional and void because it undertakes to fix the benefits to accrue from the contemplated maintenance of the road at a per cent, of the assessments fixed by the assessors and because it neither definitely fixed the benefits nor left the commissioners free to do so. The section 7 is vague and indefinite. The Legislature exceeded its powers in the act.
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Appeal from Lincoln Chancery Court; John M. Elliott, Chancellor; The act is unconstitutional and void because it undertakes to fix the benefits to accrue from the contemplated maintenance of the road at a per cent, of the assessments fixed by the assessors and because it neither definitely fixed the benefits nor left the commissioners free to do so. The section 7 is vague and indefinite. The Legislature exceeded its powers in the act. The act is constitutional and the Legislature had the right to determine the benefits would be proportionate. 96 Ark. 410. The decree is correct and should be…
1Opinion of the CourtHart, J.
P. H. Prewitt brought this suit in equity against E. P. Ladd, T. 'S. Lovett and H. D. Palmer, commissioners of Maintenance District No. 1 of Lincoln County, Arkansas, to enjoin them from assessing benefits on his lands under an act passed by the Legislature of 1919 for the maintenance of a public road in Lincoln County, Arkansas, on the ground that the act is unconstitutional. The plaintiff is the owner of lands within the district and alleges that, unless restrained from doing so, defendants will proceed to make assessments which will become liens upon his lands and proceed to collect the…
2Cases cited2 opinions
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Alcorn v. Bliss-Cook Oak Co.Supreme Court of Arkansas · 1918
3Cited by3 opinions
- Dickinson v. ReederSupreme Court of Arkansas · 1920
- Ragsdale v. CunninghamSupreme Court of Arkansas · 1941
- Dickinson v. ReederSupreme Court of Arkansas · 1920