Webster v. Ferguson
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; Incorporated towns have authority to assess real property for the purpose of constructing sewers only. Kirby’s Digest, § 5664; 56 Ark. 191; 59 Ark. 356; 2 Dill, on Mun.
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Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; Incorporated towns have authority to assess real property for the purpose of constructing sewers only. Kirby’s Digest, § 5664; 56 Ark. 191; 59 Ark. 356; 2 Dill, on Mun. Corp., § 769, The council could not go beyond the limitations prescribed in the petition. 71 Ark. 556; 59 Ark. 344. The interest is part of the cost of construction. 55 Ark. 148; 24 O. St. 249. An assessment greater than the cost of improvement is void. 20 Minn. 468; 55 S. E. 800; 46 Atl. 312. Improvement districts may maintain and operate sewer systems.…
1Opinion of the CourtBattle, J.
In the month of June, 1908, ten owners of real property in the city of Newport, in this State, and in a certain territory in the city, petitioned to the city council of that city to make and declare said territory, which they described By metes and bounds, an improvement district, to be known as “Sewer District No. 1” for the purpose of constructing, operating and managing a sewer system in said district. In the same month the city council of the city of Newport, by ordinance duly passed, granted their petition, and laid off said, territory by metes and bounds in an improvement district for…
2Cases cited2 opinions
- Stiewel v. Fencing District No. 6Supreme Court of Arkansas · 1902
- Eureka Springs v. O'NealSupreme Court of Arkansas · 1892
3Cited by6 opinions
- Curb & Gutter Dist. No. 37 of Fayetteville v. ParrishCourt of Appeals for the Eighth Circuit · 1940
- Miller v. Yell and Pope Bridge DistrictSupreme Court of Arkansas · 1927
- Ingram v. ThamesSupreme Court of Arkansas · 1921
- Bateman v. Board of Commissioners of Improvement District No. 1Supreme Court of Arkansas · 1912
- Miller v. HamiltonCourt of Appeals for the Eighth Circuit · 1916
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