Thibault v. McHaney
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Mar-tinecm, Chancellor; STATEMENT BY THE COURT. The Fourche Drainage District was created hy special act of the Legislature approved May 28,1907, Act No. 420, Acts of 1907, page 1112. The ¡above act was amended ¡by an act approved April 6,1909, Acts of 1909, page 304. Both the original act and the ¡amendatory act were expressly repealed by Act No. 127, approved March 3, 1913, Acts 1913, page 534. The second section of Act No. 127,…
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Appeal from Pulaski Chancery Court; John E. Mar-tinecm, Chancellor; STATEMENT BY THE COURT. The Fourche Drainage District was created hy special act of the Legislature approved May 28,1907, Act No. 420, Acts of 1907, page 1112. The ¡above act was amended ¡by an act approved April 6,1909, Acts of 1909, page 304. Both the original act and the ¡amendatory act were expressly repealed by Act No. 127, approved March 3, 1913, Acts 1913, page 534. The second section of Act No. 127, Acts of 1913, contains the repealing clause, and is as follows: “Jurisdiction is hereby conferred on the Pulaski…
1Opinion of the Court
Wood, J.,
(after stating the facts). I. ' The first question is whether or not the chancery court under the act could allow iclaims arising under contracts made with the directors of the drainage district for work done of a permanent nature as contemplated by the improvement district in advance of an assessment of benefits.
In Kirst v. Street Improvement District No. 120, 86 Ark. 1-8, we said: “Special assessments for local improvements find their only justification in the peculiar and special benefits which, such improvements bestow upon the particular property assessed. Any exaction in excess…
2Cases cited14 opinions
- Mulligan v. SmithCalifornia Supreme Court · 1881
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Davis v. GainesSupreme Court of Arkansas · 1886
- Kirst v. Street Improvement District No. 120Supreme Court of Arkansas · 1908
- St. Louis Southwestern Railway Co. v. Board of DirectorsSupreme Court of Arkansas · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bowman Engineering Co. v. Arkansas & Missouri Highway DistrictSupreme Court of Arkansas · 1921
- Gould v. TolandSupreme Court of Arkansas · 1921
- Morgan Engineering Co. v. Cache River Drainage DistrictSupreme Court of Arkansas · 1916
- Perkins v. Cedar Mountain Sewer Improvement District No. 43Supreme Court of Arkansas · 2004
- Thibault v. McHaneySupreme Court of Arkansas · 1917
11 more not listed; retrieve them via the Exa API.