Legal Opinion

Missouri Pacific Railroad v. Conway County Bridge District

Supreme Court of Arkansas

Decided January 26, 1920PublishedCited by 6 opinions

Appeal from Conway Chancery Court; Jordan Sellers, Chancellor; STATEMENT OE EACTS. The Missouri Pacific Railroad Company brought this suit in equity against J. M. Gordon, as sheriff of Conway County and the Conway County Bridge District to enjoin them from taking any further steps towards enforcing local assessments upon the property of the company for the purpose of erecting a bridge across the Arkansas River within the limits of the proposed district.

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Appeal from Conway Chancery Court; Jordan Sellers, Chancellor; STATEMENT OE EACTS. The Missouri Pacific Railroad Company brought this suit in equity against J. M. Gordon, as sheriff of Conway County and the Conway County Bridge District to enjoin them from taking any further steps towards enforcing local assessments upon the property of the company for the purpose of erecting a bridge across the Arkansas River within the limits of the proposed district. The validity of the act is attacked in the bill, and it is also alleged that the assessment was unlawful and void for the various reasons…

1Opinion of the Court

Hart, J.,

(after stating the facts). It will be perceived from the statement of facts that the railroad company sought relief from the action of the assessors by appealing from the finding of the board of assessors to the board of commissioners and then to the circuit court as provided by the statute. In the circuit court a complaint was filed by the railroad company as required by the statute. The circuit court sustained a demurrer to a part of the complaint and tried the remaining issues on the pleadings and the evidence introduced. We have set out the judgment of the circuit court in full…

2Cases cited5 opinions

  1. Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
  2. Branson v. BushSupreme Court of the United States · 1920
  3. Missouri Pacific Railroad v. Conway County Bridge DistrictSupreme Court of Arkansas · 1918
  4. Kansas City Southern Railway Co. v. Road Improvement District No. 6Supreme Court of Arkansas · 1919
  5. Lee Wilson Co. v. Osceola & Little River Road Improvement District No. 1Supreme Court of Arkansas · 1917

3Cited by6 opinions

  1. JeToCo Corp. v. Hailey Sales Co.Supreme Court of Arkansas · 1980
  2. Phillips v. Tyronza & St. Francis Road Improvement DistrictSupreme Court of Arkansas · 1920
  3. Standard Pipe Line Co. v. Index-Sulphur Drainage DistrictSupreme Court of Arkansas · 1927
  4. Equitable Life Assur. Soc. v. GillanDistrict Court, D. Nebraska · 1945
  5. Adams v. Highway 10 Water Pipe Line Improvement District No. 4Supreme Court of Arkansas · 1950

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