Cypress Creek Drainage District v. Wolfe
Supreme Court of Arkansas
Appeal from Desha Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY THE COURT. This is an appeal from the judgment of the chancery court of Desha county, restraining the collection of assessments on lands, in what is known as the “Cypress Creek Drainage District.”
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Appeal from Desha Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY THE COURT. This is an appeal from the judgment of the chancery court of Desha county, restraining the collection of assessments on lands, in what is known as the “Cypress Creek Drainage District.” The Cypress Creek Drainage District was organized under Act 110 as amended by Act 455 of the General Assembly of 1911; approved June 2, 1911. It included within the boundaries of the district certain lands, which are described in the first section of the act, situated in the counties of Desha and Chicot. The number of…
1Opinion of the Court
Wood, J.,
(after stating tbe facts). Tbe chancellor was correct in finding that tbe third section of tbe act defines tbe system of drainage contemplated by tbe Legislature, and also in finding that tbe board could not expend more than tbe sum of three hundred thousand dollars ($300,000) to carry out tbe purpose of tbe Legislature as expressed in tbe act. Tbe intent of tbe Legislature is not left to be gathered from doubtful language in various sections of tbe act, but it is clearly and unmistakably expressed in the third section, and where tbe intent is clearly expressed in unambiguous…
2Cases cited3 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Little Rock & Fort Smith R. R. v. HowellSupreme Court of Arkansas · 1876
- Scott v. StateSupreme Court of Arkansas · 1860
3Cited by7 opinions
- Glover v. HenrySupreme Court of Arkansas · 1959
- Sain v. Cypress Creek Drainage DistrictSupreme Court of Arkansas · 1923
- Cunningham v. KeeshanSupreme Court of Arkansas · 1913
- St. Louis Union Trust Co. v. Franklin-American Trust Co.Court of Appeals for the Eighth Circuit · 1931
- Glover v. HenrySupreme Court of Arkansas · 1959
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