Legal Opinion

Shibley v. Fort Smith

Supreme Court of Arkansas

Decided October 31, 1910No. 1; 2; 3; 4PublishedCited by 42 opinions

First case on appeal from Sebastian Chancery Court; the second -case from Crawford Chancery Court; J. Virgil Bourland, Chancellor, in first -two cases; third and fourth .cases on appeal from Crawford Chancery Court; Jeremiah G. Wallace, Chancellor, in last two cases, on exchange of circuits; 1. The act is -repugnant to section 28, art. 7, of the Constitution, which confers exclusive original jurisdiction upon the county courts in all matters of bridges and -other internal…

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First case on appeal from Sebastian Chancery Court; the second -case from Crawford Chancery Court; J. Virgil Bourland, Chancellor, in first -two cases; third and fourth .cases on appeal from Crawford Chancery Court; Jeremiah G. Wallace, Chancellor, in last two cases, on exchange of circuits; 1. The act is -repugnant to section 28, art. 7, of the Constitution, which confers exclusive original jurisdiction upon the county courts in all matters of bridges and -other internal improvements. 89 Ark. 513; 48 Ark. 370; 57 Ark. 555; 60 Id. 95 ; 4 Words & Phrases, p. 3877. 2. Local assessments must be…

1Opinion of the CourtMcCulroch, C. J.

The General Assembly of 1909 passed an act authorizing the construction and maintenance, through an organization in the nature of an improvement district, of a public bridge across the Arkansas River at Van Burén, Arkansas, where that river constitutes the boundary line between Sebastian and Crawford counties. The first section of the act, which sets forth the purposes of the organization, and prescribes the bounds of the district created, reads as follows (Acts, 1909, c. 119) :

“Section 1. That Upper Township of Sebastian County and all of Crawford County, except the»following townships,…

2Cases cited27 opinions

  1. Spencer v. MerchantSupreme Court of the United States · 1888
  2. Barney v. KeokukSupreme Court of the United States · 1877
  3. Goetz v. Bank of Kansas CitySupreme Court of the United States · 1887
  4. Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
  5. Cribbs v. BenedictSupreme Court of Arkansas · 1897

22 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Jernigan v. HarrisSupreme Court of Arkansas · 1933
  2. State ex rel. Moose v. Kansas City & Memphis Railway & Bridge Co.Supreme Court of Arkansas · 1914
  3. Arkansas State Highway Commission v. PartainSupreme Court of Arkansas · 1936
  4. Federal Construction Co. v. EnsignCalifornia Court of Appeal · 1922
  5. Bennett v. JohnsonSupreme Court of Arkansas · 1917

37 more not listed; retrieve them via the Exa API.

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