Harrison v. Abington
Supreme Court of Arkansas
Appeal from White Chancery Court; John E. Martinecm, Chancellor; The special act is invalid for want-of proper notice in accordance with section 24, article 5, Constitution of 1874, and because indefinite with respect to the commencement of the road and uncertainty as to boundaries of the district and the lands included.
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Appeal from White Chancery Court; John E. Martinecm, Chancellor; The special act is invalid for want-of proper notice in accordance with section 24, article 5, Constitution of 1874, and because indefinite with respect to the commencement of the road and uncertainty as to boundaries of the district and the lands included. The act is indivisible, and its conflicting clauses render it void. 34 Ark. 224. It is arbitrary and discriminatory. 130 Ark. 70; 83 Id, 54; 113 Id. 566; 120 Id. 230 ; 122 Id. 491; 105 Id. 380; 74 N. Y. 183; 30 Am. Rep. 289; 128 N. Y. 190; 2 Ballard on Real Estate, 352; 1…
1Opinion of the CourtMcCULLOCH, C. J.
This case involves an attack on the validity of a special statute enacted by the General Assembly of 1919 at the regular session creating a road improvement district to be known as the “Beebe, Antioch and Lonoke Road Improvement District” in White County, Arkansas. Acts of 1919, page 2437. Appellants are the owners of real property in the district and seek to restrain the proceedings under that statute. The chancery court sustained a demurrer to the complaint and entered a decree dismissing it for want of equity.
Two of the grounds for attack on the validity of the statute are that notice of.…
2Cases cited11 opinions
- Sallee v. DaltonSupreme Court of Arkansas · 1919
- Heinemann v. SweattSupreme Court of Arkansas · 1917
- Moore v. Board of DirectorsSupreme Court of Arkansas · 1911
- Nall v. KelleySupreme Court of Arkansas · 1915
- Reitzammer v. Desha Road Improvement District No. 2Supreme Court of Arkansas · 1919
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pritchett v. Road Improvement District No. 3Supreme Court of Arkansas · 1920
- Bush v. Delta Road Improvement DistrictSupreme Court of Arkansas · 1919
- Neterer v. DickinsonSupreme Court of Arkansas · 1922
- Jones v. LawsonSupreme Court of Arkansas · 1920
- Davidson v. Sewer Improvement DistrictSupreme Court of Arkansas · 1930
4 more not listed; retrieve them via the Exa API.