Merwin v. Fussell
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; The act of 1909 does not require “a majority of the qualified electors of the county,” as called for in the constitutional provision (Amendment No. 5, Const., and § § 7324 et seq. Kirby’s Dig.), nor does the order of court state that the proposition received such a majority; but this does not raise a presumption that such a majority did not vote in favor of the road tax.
Read the full summary
Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; The act of 1909 does not require “a majority of the qualified electors of the county,” as called for in the constitutional provision (Amendment No. 5, Const., and § § 7324 et seq. Kirby’s Dig.), nor does the order of court state that the proposition received such a majority; but this does not raise a presumption that such a majority did not vote in favor of the road tax. The act is also in apparent conflict with the constitutional requirement tliat the road tax be voted on “at the general election for State and county…
1Opinion of the CourtFrauenthal, J.
The plaintiff below, James Fussell, on behalf of himself and all the owners of property in St. Francis County, instituted this suit in the chancery court of that county against T. C. Merwin, clerk of the county court, and W. E. Williams, sheriff and ex-officio collector of said county, seeking to enjoin the extension on the tax books and the collection of a certain tax, called the road tax, of three mills, levied on the property in said county for the year of 1909. In his complaint he alleged that' he was the owner of real and personal property in said county subject to taxation, and that he…
2Cases cited10 opinions
- Dreyfus v. BooneSupreme Court of Arkansas · 1908
- State ex rel. Smith v. AskewSupreme Court of Arkansas · 1886
- Cairo & Fulton Railroad v. ParksSupreme Court of Arkansas · 1877
- State v. JohnsonSupreme Court of Arkansas · 1870
- Worthen v. BadgettSupreme Court of Arkansas · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Pledger v. Featherlite Precast Corp.Supreme Court of Arkansas · 1992
- Monette Road Improvement District v. DudleySupreme Court of Arkansas · 1920
- Sims v. AhrensSupreme Court of Arkansas · 1925
- Barker v. FrankSupreme Court of Arkansas · 1997
- Pockrus v. Bella Vista Village Property Owners Ass'nSupreme Court of Arkansas · 1994
24 more not listed; retrieve them via the Exa API.