Rust v. Kocourek
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District; Thomas C. Trimble, Judge; 1. The report of the viewers should have gone over to the following term of court and been read publicly on the second day thereof. Kirby & Castle’s Digest, § 3257. The appearance of Eust at the adjourned term did not waive jurisdiction. 15 Am. & E. Enc.
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Appeal from Prairie Circuit Court, Northern District; Thomas C. Trimble, Judge; 1. The report of the viewers should have gone over to the following term of court and been read publicly on the second day thereof. Kirby & Castle’s Digest, § 3257. The appearance of Eust at the adjourned term did not waive jurisdiction. 15 Am. & E. Enc. Law, p. 385. The county court had no jurisdiction and its judgment is,coram non judice and void. 48 Ark. 151; 6 Id. 491; 90 Id. 197. The other remonstrants were proper parties, as the trial was de novo in the circuit court. 2 Enc. PL & Pr. 168; 104 Ark. 371. 2.…
1Opinion of the CourtMcCULLOCH, C. J.
Appellees, who are citizens and landowners of Prairie County, presented their petition to the county court of that county for the establishment of a public road. Notice was duly given of the presentation of the petition, which was heard by the court on February 7,1916, a day of the January term. The court appointed viewers in accordance with the provision of the statutes, and fixed the' day on which they were to view' and lay out the road, and assess damages to the' property owners, and directed the viewers to make report on March 1, to which date the court was adjourned. The viewers made…
2Cases cited2 opinions
- Johnson v. WestSupreme Court of Arkansas · 1909
- Lonoke County v. CarlLeeSupreme Court of Arkansas · 1911
3Cited by6 opinions
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- Kansas City Southern Ry. Co. v. MayCourt of Appeals for the Eighth Circuit · 1924
- McMahan v. RubleSupreme Court of Arkansas · 1918
- Arkadelphia Milling Co. v. Clark County Board of EqualizationSupreme Court of Arkansas · 1918
- Butler v. BlackshareSupreme Court of Arkansas · 1924
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