School District v. Board of Improvement
Supreme Court of Arkansas
Appeal from Sebastian. Circuit Court in Chancery, Fort Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The Board of Improvement of Sewer District No. 1 of Fort Smith, Ark., brought suit against a large number of tracts of land within its district as delinquent for the improvement taxes for the year 1896. Among other defendants was the School District of Fort Smith and various tracts of -land owned by it.
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Appeal from Sebastian. Circuit Court in Chancery, Fort Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The Board of Improvement of Sewer District No. 1 of Fort Smith, Ark., brought suit against a large number of tracts of land within its district as delinquent for the improvement taxes for the year 1896. Among other defendants was the School District of Fort Smith and various tracts of -land owned by it. The complaint is drawn in strict conformity to sections 5340, 5341, 5342, 5343, 5344, 5345, Sandels & Hill’s Digest. The school district filed demurrer and answer to this…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The first question is, does the act 'of 1881, authorizing the organization of improvement districts, and the assessment of real property for local improvement, include within its provisions lands belonging to the public schools’, but which are not used exclusively for public purposes?
Section 5321 of Sand. & H'. Dig. provides for the assessment by the council of any city of the first or second class, or any incorporated town, of all real property within such city, or within any district thereof, for the purpose of making any local improvements of a public…
2Cases cited5 opinions
- School District v. HoweSupreme Court of Arkansas · 1896
- Brown v. GatesWest Virginia Supreme Court · 1879
- Board of Improvement v. School DistrictSupreme Court of Arkansas · 1892
- Barton v. LattouretteSupreme Court of Arkansas · 1891
- New Orleans v. MorrisU.S. Circuit Court for the District of Louisiana · 1877
3Cited by6 opinions
- City St. Improvement Co. v. Regents of Univ. of Cal.California Supreme Court · 1908
- Palmer v. StateTennessee Supreme Court · 1908
- Walker v. StateCourt of Criminal Appeals of Texas · 1933
- Auditor General v. MacKinnon Boiler & Machine Co.Michigan Supreme Court · 1917
- Board Commissioners Street Improvement District No. 2 v. Delinquent LandsSupreme Court of Arkansas · 1938
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