Altheimer v. Board of Directors of Plum Bayou Levee District
Supreme Court of Arkansas
Appéal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. If the levee board has power to issue the evidences of indebtedness, it must be derived from the special act. The general act forbids the issuance of the kind of bonds or evidences of indebtedness in question.
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Appéal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. If the levee board has power to issue the evidences of indebtedness, it must be derived from the special act. The general act forbids the issuance of the kind of bonds or evidences of indebtedness in question. Kirby’s Digest, § § 4962, 4963. The general and the special acts will be construed together, unless there is some provision in the latter expressly or by implication repealing the prohibition in the former. 73 Ark. 541; 71 Ark. 137. The provision in the special act that the directors may do all other acts not…
1Opinion of the CourtMcCulloch, J.
This is a suit in equity brought by M. L. Altheimer, a tax payer of Plum .Bayou Levee District, for the purpose of restraining (1) the execution of negotiable promissory notes by the Plum Bayou Levee District to evidence the balance owing for work done in constructing the levees, after money available for such payments had been exhausted; (2) to restrain the issuance and sale of certificates of indebtedness of the levee district for the purpose of raising money to pay the balance due for levee construction, and (3) to restrain the levying of a tax to pay the balance due for levee construction.
2Cases cited3 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Merchants' National Bank v. Citizens' Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- State ex rel. City of Norfolk v. BabcockNebraska Supreme Court · 1888
3Cited by24 opinions
- Board of Improvement of Sewer District Number 2 v. MorelandSupreme Court of Arkansas · 1910
- Lee Wilson & Co. v. William R. Compton Bond & Mortgage Co.Supreme Court of Arkansas · 1912
- Alexander v. Board of DirectorsSupreme Court of Arkansas · 1911
- Board of Directors of St. Francis Levee District v. FlemingSupreme Court of Arkansas · 1910
- Arkansas-Louisiana Highway Improvement District v. PickensSupreme Court of Arkansas · 1925
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