Drainage District No. 7 v. Stuart
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Western District; Frank Smith, Judge; STATEMENT BY THE COURT. On the 6th day of July, 1909, a petition was filed in the county court of Craighead County for the formation of a drainage district under the provisions of chapter 46, sections 1414 to 1450, inclusive, of Kirby’s Digest. On the 5th of April, 1910, James A. Stuart and others became parties to the proceeding by filing their remonstrance against establishing the district.
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Appeal from Craighead Circuit Court, Western District; Frank Smith, Judge; STATEMENT BY THE COURT. On the 6th day of July, 1909, a petition was filed in the county court of Craighead County for the formation of a drainage district under the provisions of chapter 46, sections 1414 to 1450, inclusive, of Kirby’s Digest. On the 5th of April, 1910, James A. Stuart and others became parties to the proceeding by filing their remonstrance against establishing the district. On the 3d day of September, 1910, the county court made a final order establishing the district. On the 10th day of September,…
1Opinion of the Court
Wood, J.,
(after stating the facts). The circuit court was without jurisdiction, and should have dismissed the appeal. • 0
Section 1428, Kirby's Digest, the drainage law under consideration, provides as follows: “Any person or corporation may appeal from the order of the court (establishing the district), and upon such appeal may determine either of the following questions:
“First, whether such improvement will be conducive to health, convenience or welfare, or the location of any part changed.
“Second, whether the route is practicable.
“Third, whether the compensation has been allowed for…
2Cases cited8 opinions
- Walker v. NollSupreme Court of Arkansas · 1909
- Ex parte MortonSupreme Court of Arkansas · 1900
- Matthews v. LaneSupreme Court of Arkansas · 1898
- James v. DyerSupreme Court of Arkansas · 1876
- Elder v. CrabtreeSupreme Court of Arkansas · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- First Pyramid Life Insurance v. ReedSupreme Court of Arkansas · 1970
- Drainage District No. 1 v. RolfeSupreme Court of Arkansas · 1913
- Tuggle v. TribbleSupreme Court of Arkansas · 1927
- Hill v. Aetna Ins. Co.Supreme Court of Arkansas · 1929
- Brown v. KirklandSupreme Court of Arkansas · 1923
1 more not listed; retrieve them via the Exa API.