Board of Improvement of Sewer Improvement District No. 1 v. Pollard
Supreme Court of Arkansas
Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor; 1. The allegation in the complaint of the assessment and nonpayment of this local tax was all that was required of the plaintiff to make a prima- facie case.
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Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor; 1. The allegation in the complaint of the assessment and nonpayment of this local tax was all that was required of the plaintiff to make a prima- facie case. Kirby’s Dig. § 5691. - 2. The statute' is not in conflict with § 22, art. 2, Constitution of Arkansas, for § 23 of that article and § 27, art. 19, confer authority for such ‘legislation. 42 Ark. 152; 69 Ark. 68; 59 Ark. .513. Ample opportunity is given to parties aggrieved to appeal to the cit}' council and the courts to protect their rights. This is “due process of…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by the Board of Improvement of Se-wer Improvement District No. 1 of the City of Fayetteville to recover the annual assessment for the year of 1909 levied upon the land of defendants situated in said sewer district for the benefits accruing thereto by reason of the construction of a sewer improvement. ■ The defendants -resisted the enforcement of the assessment upon the ground that said land received no benefit from the construction of said sewer system. They averred that the assessment of their land for such benefits was either the result of fraud or demonstrable…
2Cases cited9 opinions
- Hibben v. SmithSupreme Court of the United States · 1903
- Kirst v. Street Improvement District No. 120Supreme Court of Arkansas · 1908
- St. Louis Southwestern Railway Co. v. Board of DirectorsSupreme Court of Arkansas · 1907
- Coffman v. St. Francis Drainage DistrictSupreme Court of Arkansas · 1907
- Board of Improvement District No. 5 v. OffenhauserSupreme Court of Arkansas · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Little Rock Railway & Electric Co. v. DowellSupreme Court of Arkansas · 1911
- Salmon v. Board of Directors of Long Prairie Levee DistrictSupreme Court of Arkansas · 1911
- Cherokee Village Homeowners Protective Ass'n v. Cherokee Village Road & Street Improvement District No. 1Supreme Court of Arkansas · 1970
- Improvement District No. 1 v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
- Paving Dists. 2 and 3 of Blytheville v. BakerSupreme Court of Arkansas · 1926
12 more not listed; retrieve them via the Exa API.