Legal Opinion

Wilson v. Mattix

Supreme Court of Arkansas

Decided May 30, 1921PublishedCited by 1 opinion

Appeal from Craighead Circuit Court, Western District; B. II. Dudley, Judge; The motion to dismiss filed in the county court and circuit court was nothing but a demurrer, and admits that the reported cost of improvement as shown by the preliminary survey is less than $60,000; that the cost as returned by the commissioners approximated $85,000 ; that the petition alleges and the demurrer admits that the commissioners now undertake to sell bonds in the district in the sum of…

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Appeal from Craighead Circuit Court, Western District; B. II. Dudley, Judge; The motion to dismiss filed in the county court and circuit court was nothing but a demurrer, and admits that the reported cost of improvement as shown by the preliminary survey is less than $60,000; that the cost as returned by the commissioners approximated $85,000 ; that the petition alleges and the demurrer admits that the commissioners now undertake to sell bonds in the district in the sum of $130,000, which is excessive and prohibitory. To obtain an outlet for a drainage system, commissioners may construct…

1Opinion of the CourtMcCulloch, C. J.

This is a proceeding instituted in the county court of Craighead County to dissolve a drainage district which had been previously organized pursuant to the general statute providing' for the organization of such districts by an order of the county court. Crawford & Moses’ Digest, sections 3607 et seq.

Appellants are the owners of real property in the district, and, after the district had been organized and put into operation by the assessment of benefits, issuance of bonds, the letting of a contract for the construction of the improvement and after the work of constructing the improvement had…

2Cases cited3 opinions

  1. Morrilton Waterworks Improvement District v. EarlSupreme Court of Arkansas · 1903
  2. Taylor v. WallaceSupreme Court of Arkansas · 1920
  3. Hall v. CallawaySupreme Court of Arkansas · 1910

3Cited by1 opinion

  1. Roberts v. Baucum Drainage DistrictSupreme Court of Arkansas · 1939

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