Legal Opinion · Dissent

Independence County v. Independence County Bridge District No. 1

Supreme Court of Arkansas

Decided April 3, 1933No. 4-2943Published

1DissentButler, J.

In my opinion, the judgment is void on every ground stated by counsel for appellant, and I respectfully dissent.

In the first place, the judgment was not final but was contingent upon an event which might never happen. That it has happened does not render the judgment valid, for that must be determined from the language of the judgment itself. It is for no definite amount but for a yearly fixed sum for an indefinite and uncertain period: “It is therefore ordered, etc., * * * that said appropriation be, and the same is hereby, made perpetual.”

Judgments must be certain. Their validity and…

2Cases cited6 opinions

  1. Anderson v. American State BankSupreme Court of Arkansas · 1928
  2. Consolidated Mining & Prospecting Co. v. HuffSupreme Court of Kansas · 1901
  3. Stanfield v. KincannonSupreme Court of Arkansas · 1932
  4. Hastings v. PfeifferSupreme Court of Arkansas · 1931
  5. Johnson v. CarverSupreme Court of Pennsylvania · 1896

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API