Parkview Land Co. v. Road Improvement District No. 1
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M.■'Elliott, Chancellor; The act No. 247, of Acts 1907, is unconstitutional, being a conflict with section 28, article 7, of the Constitution of Arkansas, which confers exclusive original jurisdiction in all matters relating to county roads, etc., upon the county court. See sections 1, 2, 8, 9, 27, 28 of the act.
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Appeal from Jefferson Chancery Court; John M.■'Elliott, Chancellor; The act No. 247, of Acts 1907, is unconstitutional, being a conflict with section 28, article 7, of the Constitution of Arkansas, which confers exclusive original jurisdiction in all matters relating to county roads, etc., upon the county court. See sections 1, 2, 8, 9, 27, 28 of the act. These sections are so re- ■ pugnant to the Constitution that they should not stand, and with them eliminated the whole act must fall. The act is not so repugnant as a whole to the Constitution that the unobjectionable purpose of the act to…
1Opinion of the CourtBattle, J.
The Parkview Land Company brought suit in the Jefferson Chancery Court against Road Improvement District No. 1 of Jefferson County, the directors thereof, and Citizens’ Bank. It alleged in its complaint as follows: That it is the owner of certain lands in Jefferson County, and that the same are situate within the boundaries of Road Improvement District No. i, “which was formed under act No. 247 of the Acts of 1907, and in conformity with the provisions thereof, for the purpose of constructing about eight miles of macadam and gravel road within the district, assessing the cost thereof against…
2Cases cited6 opinions
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1909
- Little Rock & Fort Smith Ry. v. WorthenSupreme Court of Arkansas · 1885
- Ex parte DeedsSupreme Court of Arkansas · 1905
- State v. DeschampSupreme Court of Arkansas · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ex parte BylesSupreme Court of Arkansas · 1910
- Heinemann v. SweattSupreme Court of Arkansas · 1917
- Bennett v. JohnsonSupreme Court of Arkansas · 1917
- Board of Directors of Jefferson County Bridge District v. CollierSupreme Court of Arkansas · 1912
- Conway v. Miller County Highway & Bridge DistrictSupreme Court of Arkansas · 1916
12 more not listed; retrieve them via the Exa API.