Lashbrook v. Tri-County Highway Improvement District
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Western District; William F. Kirsch, Special Chancellor; If the allegations of a complaint are sufficiently but imperfectly stated, a demurrer will not lie, the remedy being by motion to make more definite and certain. 133 Ark. 188; 146 Ark. 227. The acting commissioners were not qualified commissioners and were without authority to make the allowances.
Read the full summary
Appeal from Craighead Chancery Court, Western District; William F. Kirsch, Special Chancellor; If the allegations of a complaint are sufficiently but imperfectly stated, a demurrer will not lie, the remedy being by motion to make more definite and certain. 133 Ark. 188; 146 Ark. 227. The acting commissioners were not qualified commissioners and were without authority to make the allowances. Plaintiffs had a right to question the commissioners allowing the engineer excessive and unreasonable compensation. 227 S. W. 988. The court had no power to dissolve the district and to bind the lands…
1Opinion of the CourtHumphreys, J.
This is an appeal from a decree of the chancery court for the Western district of Craighead County, sustaining demurrers to appellants’ amended bill and dismissing same for want of equity. The purpose of the bill was to cancel decrees rendered by said court on August 24, 1920, November 30, 1920, and the-day of March, 1921, and to contest the claims allowed against the Tri-County Highway Improvement District in the decree of November 30, 1920, upon the grounds, first, that the chancery court had no jurisdiction to wind up the affairs of the district and allow claims; and, second, that the…
2Cases cited1 opinion
- Bowman Engineering Co. v. Arkansas & Missouri Highway DistrictSupreme Court of Arkansas · 1921
3Cited by4 opinions
- Tri-County Highway Improvement District v. Vincennes Bridge Co.Supreme Court of Arkansas · 1925
- Road Improvement District No. 4 v. BallSupreme Court of Arkansas · 1926
- Bank of Russellville v. WalthallSupreme Court of Arkansas · 1936
- Tri-County Highway Improvement District v. Vincennes Bridge Co.Supreme Court of Arkansas · 1925