Sloan v. Lawrence County
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Dene II. Coleman, Judge; 1. The act of 1911, if constitutional, applies only to counties which have voted the three-mill county road tax under Amendment No. 5, Constitution. This tax had not been voted for, nor did the county court levy such a tax. Act 422, Acts 1911; Kirby’s Dig., § 2328; 76 Ark. 303, 309. 2. The act (1911) is unconstitutional. It fails to provide for notice, or make provision for compensation and damages. 5 Enc.
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Appeal from Lawrence Circuit Court; Dene II. Coleman, Judge; 1. The act of 1911, if constitutional, applies only to counties which have voted the three-mill county road tax under Amendment No. 5, Constitution. This tax had not been voted for, nor did the county court levy such a tax. Act 422, Acts 1911; Kirby’s Dig., § 2328; 76 Ark. 303, 309. 2. The act (1911) is unconstitutional. It fails to provide for notice, or make provision for compensation and damages. 5 Enc. U. S. Rep. 789; 4 L. R. A. (N. S.) 169; 8 Cye. 1126; 15 Id. 841; 37 Id. 65. The owner of lands is entitled to he heard and the…
1Opinion of the CourtMcCULLOCH, C. J.
Appellants are the owners of improved farm lands abutting on a certain public road in Lawrence County, and they brought up to the circuit court on certiorari for review.an order of the county court of that county widening the said public road, which, of course, involved the taking of an additional strip of lands under private ownership. The circuit court denied the relief, and an appeal to this court has been prosecuted from the judgment of the circuit court.
The contention of counsel for appellants is that the order of the county court is void on its face for lack of jurisdiction in that it…
2Cases cited7 opinions
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Howard v. StateSupreme Court of Arkansas · 1886
- Appleton v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Mountain Park Terminal Railway Co. v. FieldSupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Woollard v. Arkansas State Highway CommissionSupreme Court of Arkansas · 1952
- Independence County v. LesterSupreme Court of Arkansas · 1927
- Dickerson v. Tri-County Drainage DistrictSupreme Court of Arkansas · 1919
- Miller County v. BeasleySupreme Court of Arkansas · 1941
- Chamberlain v. Newton CountySupreme Court of Arkansas · 1979
27 more not listed; retrieve them via the Exa API.