Lamberson v. Board of Commissioners of Drainage District No. 16
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Western District: Archer Wheatley, Chancellor; The declarations of facts set out in the answer are not demurrable, but, appellees having demurred, the facts thereby admitted are conclusive. 141 Ark. 8. In testing the sufficiency of a pleading on demurrer, every inference reasonably deducible therefrom must be considered. 142 Ark. 431. Indefiniteness and uncertainty should be reached by motion to make more definite and certain, rather…
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Appeal from Craighead Chancery Court, Western District: Archer Wheatley, Chancellor; The declarations of facts set out in the answer are not demurrable, but, appellees having demurred, the facts thereby admitted are conclusive. 141 Ark. 8. In testing the sufficiency of a pleading on demurrer, every inference reasonably deducible therefrom must be considered. 142 Ark. 431. Indefiniteness and uncertainty should be reached by motion to make more definite and certain, rather than by demurrer. 134 Ark. 311. The answer does not state facts sufficient to constitute a defense. (1) The attempted…
1Opinion of the CourtHumphreys, J.
This is an appeal from a decree of the Craighead Chancery Court, Western District, foreclosing a lien for delinquent assessments for the year 1920, with a penalty of 25 per cent, thereon, interest and costs, against lands owned by appellants in Drainage District No. 16, Craighead County. The complaint, in substance, alleged the creation of the drainage district, the appointment of commissioners, the assessment of benefits for the year 1920 against appellants’ lands, the delinquency in payment of the assessments and the accrual of penalty and interest on account of the failure to pay the same.
A…
2Cases cited4 opinions
- Dickerson v. Tri-County Drainage DistrictSupreme Court of Arkansas · 1919
- Washington Fire Insurance v. HoganSupreme Court of Arkansas · 1919
- St. Louis, Iron Mountain & Southern Railway Co. v. Maple Slough Drainage DistrictSupreme Court of Arkansas · 1919
- Mudd v. St. Francis Drainage DistrictSupreme Court of Arkansas · 1915
3Cited by1 opinion
- Main v. Drainage District No. 2 of Monroe CountySupreme Court of Arkansas · 1942