Missouri Pac. R. v. Conway & Vilonia Road Dist. of Faulkner County
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Three separate suits in equity by the Missouri Pacific Railroad Company against the Conway and Vilonia Road District of Eaulkner County and others, against the Conway and Damascus Road District of Eaulk-ner County and others, and against the Conway and Palarm Road District of Faulkner County and others.
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Appeal from the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Three separate suits in equity by the Missouri Pacific Railroad Company against the Conway and Vilonia Road District of Eaulkner County and others, against the Conway and Damascus Road District of Eaulk-ner County and others, and against the Conway and Palarm Road District of Faulkner County and others. From a decree in each case, dismissing the complaint for want of equity, the complainant appeals.
1Opinion of the Court
GARLAND, Circuit Judge.
These appeals have been submitted as one case. The complaint in each case was dismissed by the court below for want of equity. Counsel for appellees insist that the complaints were rightly dismissed for want of equity, and also for the reason that the state law providing for the levy of the tax in question, provides an exclusive remedy for any person deeming himself aggrieved by the assessment of his lands as shown in the assessment book prepared by the county clerk. As to the last contention, the following statute (Road Laws 1919, vol. 1, p. 387, § 5) providing an…
2Cases cited7 opinions
- Pittsburgh &C. Railway v. Board of Public WorksSupreme Court of the United States · 1898
- Indiana Manufacturing Co. v. KoehneSupreme Court of the United States · 1903
- Moore v. City of YonkersCourt of Appeals for the Second Circuit · 1916
- Missouri Pacific Railroad v. Izard County Highway Improvement District No. 1.Supreme Court of Arkansas · 1920
- McLaughlin v. St. Louis Southwestern Ry. Co.Court of Appeals for the Eighth Circuit · 1916
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