Ex parte Reynolds
Supreme Court of Arkansas
CERTIORARI to Chicot Circuit Court. Carroll D. Wood, Judge. The Louisiana, Arkansas and Missouri Railroad Company having instituted proceedings under the statute [Mansf.
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CERTIORARI to Chicot Circuit Court. Carroll D. Wood, Judge. The Louisiana, Arkansas and Missouri Railroad Company having instituted proceedings under the statute [Mansf. Digest,, secs. 3464, 3466) for the condemnation of a right of way over' the lands of Reynolds, the Circuit Judge, in vacation, on the N company’s application, made an order designating a sum of' money to be deposited, subject to the court’s order, for the purpose of making compensation when the amount thereof should be assessed. Reynolds then filed his petition in this-court for a writ of certiorari to quash the order…
1Opinion of the CourtCockrill, C. J.
The question which controls this proceeding is., the constitutionality of the seventh section of the act of April 28, 1873, which reads as follows :
“Where the determination of questions in controversy in such proceedings is likely to retard the progress of work on -or the business of such railroad company, the court or judge in vacation, shall designate an amount of money to be deposited by such company, subject to the order of the court, and for the purpose of making such compensation when the amount -thereof shall have been assessed as aforesaid, and said judge ..shall designate the place…
2Cases cited4 opinions
- Central Branch Union Pacific Railroad v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Fox v. Western Pac. R.R.California Supreme Court · 1867
- Sanborn v. BeldenCalifornia Supreme Court · 1876
3Cited by17 opinions
- Griffin v. RhotonSupreme Court of Arkansas · 1907
- State Ex Rel. Attorney General v. IrbySupreme Court of Arkansas · 1935
- Higgins v. Brown, JudgeSupreme Court of Oklahoma · 1908
- GSS, LLC v. Centerpoint Energy Gas Transmission Co.Supreme Court of Arkansas · 2014
- Housing Authority of Little Rock v. RochelleSupreme Court of Arkansas · 1970
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