Howard v. State
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court. Hon. F. T. Vaughan, Judge. No statutory road was established, first, because there was no appropriation for the public use of any specified land, by defining it, valuing and paying for it. Private property cannot be taken in this high-handed manner without compensation. The instruction of the court on this point was erroneous and misleading. The securing or payment of compensation to land owners is jurisdictional.
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APPEAL from Lonoke Circuit Court. Hon. F. T. Vaughan, Judge. No statutory road was established, first, because there was no appropriation for the public use of any specified land, by defining it, valuing and paying for it. Private property cannot be taken in this high-handed manner without compensation. The instruction of the court on this point was erroneous and misleading. The securing or payment of compensation to land owners is jurisdictional. See 20 Ark., 561; jj Id., jpg. The seven years statute of limitations applicable to real estate does not apply to incorporeal hereditaments. The…
1Opinion of the CourtCockrill, C. J.
These two cases have been argued and submitted together.. They are prosecutions for obstructing a public highway. The indictment, in the second case, charges that .the highway obstructed was established 'by the order of the county court. In the first case the indictment contains two counts, one corresponding with the indictment in the other case except as to the time of the commission of the offense, and the other charging that the road obstructed was a highway by com-moil law, the indictment specifying that, it was intended to •charge but one offense.
The defendants were convicted in both…
2Cases cited10 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Onstott v. MurraySupreme Court of Iowa · 1867
- Miller v. PorterIndiana Supreme Court · 1880
- Day v. AllenderCourt of Appeals of Maryland · 1865
- Costello v. BurkeSupreme Court of Iowa · 1884
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3Cited by30 opinions
- Sloan v. Lawrence CountySupreme Court of Arkansas · 1918
- City of Seattle v. SmithersWashington Supreme Court · 1905
- Dickerson v. Tri-County Drainage DistrictSupreme Court of Arkansas · 1919
- Memphis & Little Rock Railroad v. OrganSupreme Court of Arkansas · 1899
- Small v. BinfordIndiana Court of Appeals · 1908
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