Van Hook v. Wallace
Supreme Court of Arkansas
Appeal from Union Chancery Court; J. M. Barker, Chancellor; 1. The only question is, does the complaint state a cause of action? Our contention is that it does, and that the demurrer should have been overruled. It is not right, or lawful, to have the taxes exceed the benefits. The'act, No. 127, Acts 1919, is unconstitutional and void, and is contrary to public policy.
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Appeal from Union Chancery Court; J. M. Barker, Chancellor; 1. The only question is, does the complaint state a cause of action? Our contention is that it does, and that the demurrer should have been overruled. It is not right, or lawful, to have the taxes exceed the benefits. The'act, No. 127, Acts 1919, is unconstitutional and void, and is contrary to public policy. The act does not include all the lands in the county, but, if so, it violates § 28, art. 7, of our Constitution and usurps the jurisdiction of the county court; the assessments are excessive and arbitrary. The act is valid and…
1Opinion of the CourtMcCulloch, C. J.
The General Assembly of 1919, at the regular session, enacted a statute (Act No. 127 of 1919) creating four separate road improvement districts, the combined territory of all of them comprising the whole of Union County, for the purpose of improving certain roads in the respective districts and maintaining the same, the territory of each district and the road or roads therein to he improved being fully described in the statute. Separate commissioners were named for each of the districts and assessments authorized to be levied on the benefits to the lands in each district accruing by reason of…
2Cases cited8 opinions
- Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1909
- Boyd v. BryantSupreme Court of Arkansas · 1879
- Sallee v. DaltonSupreme Court of Arkansas · 1919
- Nall v. KelleySupreme Court of Arkansas · 1915
- Johns v. Road Improvement DistrictsSupreme Court of Arkansas · 1920
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lemaire v. HendersonSupreme Court of Arkansas · 1927
- Gaster v. Dermott-Collins Road Improvement DistrictSupreme Court of Arkansas · 1923
- Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
- Desha Road Improvement District No. 2 v. StroudSupreme Court of Arkansas · 1922
- Wimberly v. Road Improvement District No. 7Supreme Court of Arkansas · 1923
2 more not listed; retrieve them via the Exa API.