Legal Opinion

Chicago Mill & Lumber Co. v. Drainage District No. 15

Supreme Court of Arkansas

Decided March 8, 1915PublishedCited by 3 opinions

Appeal from Mississippi Circuit Court, Chi-cfcasawba District; W. J. Driver, Judge; STATEMENT BY THE COURT. Appellant was a remonstrant -against the establishment- of -a drain-age district in Mississippi County -and from the -order of February 3, 1913, -of -the -county court establishing the district, attempted to take an appeal.

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Appeal from Mississippi Circuit Court, Chi-cfcasawba District; W. J. Driver, Judge; STATEMENT BY THE COURT. Appellant was a remonstrant -against the establishment- of -a drain-age district in Mississippi County -and from the -order of February 3, 1913, -of -the -county court establishing the district, attempted to take an appeal. It filed -on February 17, 1913, an -affidavit and prayer fo-r appeal with the clerk of the Mississippi county court, requesting that he have the judge who was not present at that tim-e, make an order -of court granting the appeal. No order -granting an appeal was…

1Opinion of the Court

Kirby, J.,

(after stating the facts). The ¡appellant filed ¡an affidavit and prayer for appeal for itself and such other owners of land within the ¡district as desired to join in the appeal.

The motion to dismiss in the circuit court was on the ground that no order was made by the county court granting ¡the appeal. The testimony shows that no order was ever made by the county court granting an appeal from its judgment establishing the ¡drainage district, nor was there any order of appeal to the circuit court made by the ¡circuit clerk, after the filing of the transcript with him.

In Wulff v.…

2Cited by3 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. Maple Slough Drainage DistrictSupreme Court of Arkansas · 1919
  2. Mississippi County v. MooreSupreme Court of Arkansas · 1916
  3. Moore v. MearsSupreme Court of Arkansas · 1981

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