Van Dyke v. Mack
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; Lyman F. Reeder, Chancellor; 1. The act (No. 82, Acts 1919) is not void and invalid, because (1) it includes lands in Independence County, and no provision is made for the taxation thereof. It was not the intention of the Legislature to embrace any lands outside of Jackson County and the five-mile limit should be construed as meaning all the lands in Jackson County within that distance.
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Appeal from Jackson Chancery Court; Lyman F. Reeder, Chancellor; 1. The act (No. 82, Acts 1919) is not void and invalid, because (1) it includes lands in Independence County, and no provision is made for the taxation thereof. It was not the intention of the Legislature to embrace any lands outside of Jackson County and the five-mile limit should be construed as meaning all the lands in Jackson County within that distance. The court should be guided by the principles decided in 133 Ark. 64. 2. If, however, lands in Independence County are included, the act is valid and provides adequate…
1Opinion of the CourtMcCULLOCH, C. J.
This case involves an attack on the validity of act No. 82 of the General Assembly of 1919, which was approved February 14, 1919. Section 1 of the statute, which declares its pupose, reads as follows :
“The purpose of this act is to secure the construction of a highway running from the city of-North Little Rock, Arkansas, through the counties of Pulaski, Lonoke, White, Jackson, and connection with the Alicia and Walnut Ridge Highway on the Lawrence County line at or near Alicia, thereby giving a through route to the Missouri line, over the Alicia and Walnut Ridge Highway to Walnut Ridge,…
2Cases cited3 opinions
- Fenolio v. Sebastian Bridge DistrictSupreme Court of Arkansas · 1917
- Conway v. Miller County Highway & Bridge DistrictSupreme Court of Arkansas · 1916
- Mullins v. City of Little RockSupreme Court of Arkansas · 1917
3Cited by18 opinions
- In Re Estate of JohnstonCalifornia Supreme Court · 1922
- McAdams v. HenleySupreme Court of Arkansas · 1925
- Capps v. Judsonia & Steprock Road Improvement DistrictSupreme Court of Arkansas · 1922
- Johns v. Road Improvement DistrictsSupreme Court of Arkansas · 1920
- Hill v. EcholsSupreme Court of Arkansas · 1919
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