Boles v. Kelley
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; /. Virgil Bourland,. Chancellor; Boles and others, citizens and taxpayers of Ft. Smith, brought suit against Kelley and others, to restrain 'them from collecting a paving tax from plaintiff. The object of the suit was to test the legality of an ordinance organizing the city of Ft. Smith into a paving district.
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Appeal from Sebastian Chancery Court; /. Virgil Bourland,. Chancellor; Boles and others, citizens and taxpayers of Ft. Smith, brought suit against Kelley and others, to restrain 'them from collecting a paving tax from plaintiff. The object of the suit was to test the legality of an ordinance organizing the city of Ft. Smith into a paving district. Defendants recovered judgment, and plaintiffs have appealed. 1. It was stated by appellants in open court, and entered of record, that the ground of allegation in subdivision 2 and that in subdivision 3 of paragraph 2 were not the same nor intended…
1Opinion of the CourtBattle, J.
Is the complaint of appellants sufficient? This question is raised by demurrer and motion to make specific and certain, and is the only question in the case.
Appellants, in paragraph one of their complaint, attack the amendment of section 5665 of Kirby’s Digest by the Legislature of 1905. Section 5665 reads as follows: “When any ten resident owners of real property in any such city or incorporated town, or of any portion thereof, shall petition the city or town council to take steps toward the making of any such local improvement, it shall be the duty of the council to at once lay off the…
2Cases cited4 opinions
- Crane v. Siloam SpringsSupreme Court of Arkansas · 1899
- Ahern v. Board of Improvement District No. 3Supreme Court of Arkansas · 1901
- Board of Improvement District No. 5 v. OffenhauserSupreme Court of Arkansas · 1907
- Driver v. MooreSupreme Court of Arkansas · 1906
3Cited by15 opinions
- Bennett v. JohnsonSupreme Court of Arkansas · 1917
- Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
- Lee Wilson & Co. v. William R. Compton Bond & Mortgage Co.Supreme Court of Arkansas · 1912
- Curb & Gutter Dist. No. 37 of Fayetteville v. ParrishCourt of Appeals for the Eighth Circuit · 1940
- Osborne v. Board of Improvement of Paving District No. 5Supreme Court of Arkansas · 1910
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