Legal Opinion

Nall v. Kelley

Supreme Court of Arkansas

Decided October 11, 1915PublishedCited by 22 opinions

Appeal from Grant Chancery Court; J. P. Henderson, Chancellor; 1. That provision of the Act under which the commissioners are attempting to establish and construct the road through the town of ¡Sheridan without first obtaining the consent of the land owners in said town is in ■direct conflict with the State Constitution, Art. 19, Sec. 27. See also 71 Ark. 556; 59 Ark. 116; Kirby’s Dig., % 5665. By section 8 of the Act it is provided that the board of commissioners ¡shall…

Read the full summary

Appeal from Grant Chancery Court; J. P. Henderson, Chancellor; 1. That provision of the Act under which the commissioners are attempting to establish and construct the road through the town of ¡Sheridan without first obtaining the consent of the land owners in said town is in ■direct conflict with the State Constitution, Art. 19, Sec. 27. See also 71 Ark. 556; 59 Ark. 116; Kirby’s Dig., % 5665. By section 8 of the Act it is provided that the board of commissioners ¡shall ascertain the cost of the improvement and the plans ¡of 'the ¡same, and then, if they deem it expedient to make the…

1Opinion of the CourtMcCulloch, C. J.

The Legislature at the 1915 session -enacted a special statute creating ta read improvement district in Grant County (Act 48, p. 136, Acts 1915), embracing a considerable portion of lands of that county and authorizing the beard -of commissioners to improve a -certain public road known as the Pine Bluff, ¡Sheridan land Hot 'Springs road. That road runs clear across the county /and passes ¡through the incorporated town of Sheridan. The statute provides a complete scheme for the organization of the district, the formation -of plans for the improvement, the assessment of benefits, and for the…

2Cases cited7 opinions

  1. Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1909
  2. Boyd v. BryantSupreme Court of Arkansas · 1879
  3. Butler v. Board of Directors of Fourche Drainage DistrictSupreme Court of Arkansas · 1911
  4. Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
  5. Alexander v. Board of DirectorsSupreme Court of Arkansas · 1911

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

3Cited by22 opinions

  1. Harrington v. WhiteSupreme Court of Arkansas · 1917
  2. Bennett v. JohnsonSupreme Court of Arkansas · 1917
  3. Murphy v. CookSupreme Court of Arkansas · 1941
  4. Johnston v. BramlettSupreme Court of Arkansas · 1936
  5. Capps v. Judsonia & Steprock Road Improvement DistrictSupreme Court of Arkansas · 1922

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API