Lee Wilson & Co. v. William R. Compton Bond & Mortgage Co.
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Charles D. Frierson, Chancellor; 1. The issuance of' bonds in a proceeding of this kind is without constitutional sanction. Art. 12, sec. 5, Const.; 33 Ark. 497. 2. The drainage law of 1909, as amended in 1911, authorized the organization of a drainage district including lands that will “be benefited by the proposed system of drainage.”
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Appeal from Mississippi Chancery Court, Osceola District; Charles D. Frierson, Chancellor; 1. The issuance of' bonds in a proceeding of this kind is without constitutional sanction. Art. 12, sec. 5, Const.; 33 Ark. 497. 2. The drainage law of 1909, as amended in 1911, authorized the organization of a drainage district including lands that will “be benefited by the proposed system of drainage.” The act authorizes the organization of a drainage district merely for the benefit of private individuals, as there is nothing in the act to show that it is for the public or general welfare and use.…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by certain owners of land situated in a drainage district seeking to enjoin the commissioners thereof from enforcing and collecting the assessment of alleged benefits on their lands and from issuing any bonds in the name of said district. The drainage district was established by an order of the county court of Mississippi County under and in pursuance of an act of the General Assembly approved May 27, 1909, entitled, “An act to provide for the creation of drainage districts in this State,” as amended by an act of the General Assembly approved April 28, 1911, (Acts…
2Cases cited32 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Winona & St. Peter Land Co. v. MinnesotaSupreme Court of the United States · 1895
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
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3Cited by18 opinions
- Spahn v. StewartCourt of Appeals of Kentucky (pre-1976) · 1937
- Stanley v. GatesSupreme Court of Arkansas · 1929
- Charlotte Harbor & Northern Railway Co. v. WellesSupreme Court of Florida · 1919
- Ex parte KingSupreme Court of Arkansas · 1919
- Lemaire v. HendersonSupreme Court of Arkansas · 1927
13 more not listed; retrieve them via the Exa API.