McMahan v. Ruble
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Jno. I. Worthington, Judge; 1. The court erred in dismissing the petition and refusing an appeal. Art 7, § 33, Const.; lb. Art. 7, § 114; Kirby’s Dig. $ § 1487, 3006, 1492; 53 Ark. 417; K. & C. Dig. § 8988. 2. Although the Act (No. 422, Acts 1911), makes a provision for an appeal the right exists under the constitution and general statutes. 90 Ark. 219; 95 Id. 385; 117 Id. 4. Appellant was a party to the record and aggrieved.
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Appeal from Boone Circuit Court; Jno. I. Worthington, Judge; 1. The court erred in dismissing the petition and refusing an appeal. Art 7, § 33, Const.; lb. Art. 7, § 114; Kirby’s Dig. $ § 1487, 3006, 1492; 53 Ark. 417; K. & C. Dig. § 8988. 2. Although the Act (No. 422, Acts 1911), makes a provision for an appeal the right exists under the constitution and general statutes. 90 Ark. 219; 95 Id. 385; 117 Id. 4. Appellant was a party to the record and aggrieved. The appeal was properly dismissed. Appellant was not a party and the appeal was not properly taken as the statute was not complied with.…
1Opinion of the CourtSmith, J.
The county court of Boone County made an order establishing a road through the lands of appellant. He filed a remonstrance in the county court to the opening of the road on the ground that it would not be of .sufficient importance to warrant the county in making the necessary expenditure of money to build and maintain the road. An .appeal was prosecuted to the circuit court from the order opening the road and assessing the damages, and there the petitioners for the road moved the court to dismiss the appeal insofar as it applied to the order of the county court opening the road. This motion…
2Cases cited12 opinions
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3Cited by7 opinions
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