Legal Opinion · Dissent

Sewer Improvement District No. 1 v. Delinquent Lands

Supreme Court of Arkansas

Decided February 5, 1934No. 4-3343Published

1DissentMcHaney', J.

I regret that I cannot agree with the majority opinion in this case. It seems to me that we have departed from the ancient and modern landmarks of judicial construction and interpretation of statutes, and entered upon the sea of uncertainty, an exigency to meet what is thought to be an emergency. But emergency does not -create power.

Under the law as it existed prior to the passage of act 278 of 1933, property owners in municipal improvement districts had thirty days in which to pay their assessments after the date of the notice required to be given by the collector and published by him.…

2Cases cited13 opinions

  1. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  2. Von Hoffman v. City of QuincySupreme Court of the United States · 1867
  3. Bronson v. KinzieSupreme Court of the United States · 1843
  4. McCracken v. HaywardSupreme Court of the United States · 1844
  5. Barnitz v. BeverlySupreme Court of the United States · 1896

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