Kansas City, Pittsburg & Gulf Railway Co. v. Waterworks Improvement District No. 1
Supreme Court of Arkansas
Appeal from Benton Circuit Court in Chancery. Edward S. McDaniel, Judge. The burden of proving publication of the ordinance was on appellee. 53 Ark. 368; 56 Ark. 372. The failure to prove it is an absolute defense to this action. Beach, Pub. Corp. §§ 503, 1253; 76 111. 317; Dill. Mun. Corp. §§ 310, 334, 422; Tied. Mun. Corp. § 148; 57 N. Y. 526; 60 N. Y. 16; 46 N. Y. 42; 38 N. J. L. 110; 22 Minn. 218; Ell. Mun.
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Appeal from Benton Circuit Court in Chancery. Edward S. McDaniel, Judge. The burden of proving publication of the ordinance was on appellee. 53 Ark. 368; 56 Ark. 372. The failure to prove it is an absolute defense to this action. Beach, Pub. Corp. §§ 503, 1253; 76 111. 317; Dill. Mun. Corp. §§ 310, 334, 422; Tied. Mun. Corp. § 148; 57 N. Y. 526; 60 N. Y. 16; 46 N. Y. 42; 38 N. J. L. 110; 22 Minn. 218; Ell. Mun. Corp. § 218, p. 191; 40 111. App. 19. Failure to make publication in a newspaper of the city is also a defense to the action. Sand. & H. Dig., § 5338. There is no authority under the…
1Opinion of the CourtBunn, C. J.
This is a bill to foreclose a lien on defendant’s right of way extending through said improvement district, and the depot buildings and depot grounds situated therein, and to collect the amount of the district assessment made against said property? The answer puts in issue the passage of the ordinance organizing said district, and authorizing and making said assessment.
The defendant first contends that the plaintiff has the burden of proof to show that said ordinances were duly passed, and were published as the law directs.
Section 5341, Sand. & H. Dig., reads thus: “The board [on refusal of…
2Cases cited2 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1895
- St. Louis, Arkansas & Texas Railway Co. v. HooverSupreme Court of Arkansas · 1890
3Cited by19 opinions
- St. Louis Southwestern Railway Co. v. Board of DirectorsSupreme Court of Arkansas · 1907
- Board of Improvement District No. 5 v. OffenhauserSupreme Court of Arkansas · 1907
- Whipple v. TuxworthSupreme Court of Arkansas · 1907
- Alexander v. Board of DirectorsSupreme Court of Arkansas · 1911
- Board of Improvement of Sewer Improvement District No. 1 v. PollardSupreme Court of Arkansas · 1911
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