State ex rel. Attorney General v. Trulock
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; Appeal from Pulaski Chancery Court; Jolm E. Martineau, Chancellor; Section 1 of the act of March 3, 1913, not only operates as a repeal of that part of section 5667, Kirby’s Digest, providing for the appointment of the board of improvement districts by the city council, but also as a repeal of the entire section.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; Appeal from Pulaski Chancery Court; Jolm E. Martineau, Chancellor; Section 1 of the act of March 3, 1913, not only operates as a repeal of that part of section 5667, Kirby’s Digest, providing for the appointment of the board of improvement districts by the city council, but also as a repeal of the entire section. Generally speaking, where a statute is amended 4 4 so as to read as follows,” the amendatory act becomes a substitute for the original, which then ceases to have the force and effect of an independent enactment. This does…
1Opinion of the CourtMcCulloch, C. J.
In each of these cases an attack is made on the validity of an improvement district, one in the city of Pine Bluff, and the other in the city of Argenta, Arkansas, organized pursuant to the general statutes of this State. The point of attack in each case is that the General Assembly of 1913 enacted a statute purporting to amend the general statutes on the subject of organization of improvement districts in cities and towns, but which omitted any provision for the appointment of commissioners, and that the effect of that omission was to render the whole of the law on that subject inoperative.
Th…
2Cases cited15 opinions
- Matter of Estate of PrimeNew York Court of Appeals · 1893
- Hodges v. DawdySupreme Court of Arkansas · 1912
- Indianapolis Union Railway Co. v. WaddingtonIndiana Supreme Court · 1907
- Bowman v. StateSupreme Court of Arkansas · 1909
- State v. HandlinSupreme Court of Arkansas · 1911
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3Cited by25 opinions
- Standard Oil Co. v. BrodieSupreme Court of Arkansas · 1922
- Summers v. Road Improvement District No. 16Supreme Court of Arkansas · 1923
- McDaniel v. AshworthSupreme Court of Arkansas · 1919
- Hazelrigg v. Board of Penitentiary CommissionersSupreme Court of Arkansas · 1931
- Baxter v. McGeeCourt of Appeals for the Eighth Circuit · 1936
20 more not listed; retrieve them via the Exa API.