Legal Opinion

Faucette v. Patterson

Supreme Court of Arkansas

Decided November 24, 1919PublishedCited by 3 opinions

Appeal from "White Chancery Court; John E. Martinean,, Chancellor; 1. Act No. 213, Acts 1917, was repealed by Act No. 82 (1919). It covers the whole subject-matter and clearly repeals it by implication. 76 Ark. 34; i32 Id. 306; 10 Id. 588; 27 Id. 419; 31 Id. 19; 43 Id. 425; 46 Id. 438; 47 Id. 488; 65 Id. 508;, 70 Id. 25; 76 Id. 32; 1 Lewis’ Sutherland Construction of Statutes, sec. 202; 6 B. Mon. 146; 40 N. J. L. 257; 105 Ark. 79; 88 Id. 324; 70 Id. 27. 2. Act 213 could not…

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Appeal from "White Chancery Court; John E. Martinean,, Chancellor; 1. Act No. 213, Acts 1917, was repealed by Act No. 82 (1919). It covers the whole subject-matter and clearly repeals it by implication. 76 Ark. 34; i32 Id. 306; 10 Id. 588; 27 Id. 419; 31 Id. 19; 43 Id. 425; 46 Id. 438; 47 Id. 488; 65 Id. 508;, 70 Id. 25; 76 Id. 32; 1 Lewis’ Sutherland Construction of Statutes, sec. 202; 6 B. Mon. 146; 40 N. J. L. 257; 105 Ark. 79; 88 Id. 324; 70 Id. 27. 2. Act 213 could not be amended by Act 128 (1919) for the reason it no longer existed, having been repealed by implication. 32 Ark. 294. It…

1Opinion of the CourtHart, J.

C. C. Faucette, as a land owner in White County, Arkansas, within the limits of the North Arkansas Highway Improvement District No. 1, as laid out by act 213 of the Acts of the General Assembly for the year 1917, brought suit in equity against the commissioners of said highway improvement district for the purpose of enjoining them from proceeding with the construction of the road and from issuing bonds and collecting taxes.

The court sustained a demurrer to the complaint and, plaintiff declining to plead further, his complaint was dismissed for want of equity. The plaintiff has appealed.

The…

2Cases cited7 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Zickler v. Union Bank & Trust Co.Tennessee Supreme Court · 1900
  3. Scales v. StateSupreme Court of Arkansas · 1886
  4. Stirman v. StateTexas Supreme Court · 1858
  5. State ex rel. Tyler v. KingTennessee Supreme Court · 1900

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

3Cited by3 opinions

  1. White River Lumber Co. v. White River DrainageSupreme Court of Arkansas · 1919
  2. Kerrville Bus Co. v. WilliamsCourt of Appeals of Texas · 1947
  3. Opinion No., Arkansas Attorney General Reports1992

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