Wulff v. Claibourne
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. Appellee filed in the county court of Arkansas county, his petition excepting to the assessment of benefits made by the commissioners of appellant drainage district, upon certain of his lands situated within the district, describing them, and setting out the amount of the assessments, all of which he alleged were excessive, illegal and entirely without authority of law; that the lands could…
Read the full summary
Appeal from Arkansas Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. Appellee filed in the county court of Arkansas county, his petition excepting to the assessment of benefits made by the commissioners of appellant drainage district, upon certain of his lands situated within the district, describing them, and setting out the amount of the assessments, all of which he alleged were excessive, illegal and entirely without authority of law; that the lands could receive no benefit whatever from the proposed drain and should not be assessed in any amount. He alleged that the drain,…
1Opinion of the CourtKirby, J.
(after stating the facts). It is insisted that •the court erred in not dismissing the appeal from the county court and that the nunc pro tunc order made by that court granting the appeal was void, and conferred no jurisdiction upon the circuit court.
Ah order nunc pro tunc was entered March 30, 1912, granting the appeal as of the date the judgment was rendered, from which the appeal was taken and the affidavit and prayer therefor filed, and no question was made below that notice of the application therefor, was not given to the party against whom it was sought, and it is too late to raise it…
2Cases cited1 opinion
- Ex parte MortonSupreme Court of Arkansas · 1900
3Cited by1 opinion
- Wulff v. DavisSupreme Court of Arkansas · 1913