Bowman Engineering Co. v. Arkansas & Missouri Highway District
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; Lymcm F. Reeder, Chancellor; 1. The chancery court had jurisdiction. § 11, art. 7, Const.; C. & M. Dig. § 2184; 95 Ark. 620. The remedy at law was inadequate. 32 Ark. 489. The suit was proper in equity to avoid circuity of action. 21 C. J. § 52, p. 82. See also act 82, Acts 1919, § 17. The chancery court has original jurisdiction where lands are charged for the payment of debts. 2. The uncontradicted evidence shows that the commissioners…
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Appeal from Jackson Chancery Court; Lymcm F. Reeder, Chancellor; 1. The chancery court had jurisdiction. § 11, art. 7, Const.; C. & M. Dig. § 2184; 95 Ark. 620. The remedy at law was inadequate. 32 Ark. 489. The suit was proper in equity to avoid circuity of action. 21 C. J. § 52, p. 82. See also act 82, Acts 1919, § 17. The chancery court has original jurisdiction where lands are charged for the payment of debts. 2. The uncontradicted evidence shows that the commissioners of the district employed Bowman Engineering Company to do all of the engineering work; that the latter did all of such…
1Opinion of the CourtMcCulloch, C. J.
The Arkansas and Missouri Highway District in Jackson County was created by a special act of the General Assembly of the year 1919 (Yol. 1 Road Acts, 1919, p. 134), the purpose being to construct a road a little over 44 miles in length through Jackson County as a part of a continuous highway through Arkansas and Missouri. The statute named the commissioners and conferred power on them to appoint an engineer, attorneys, agents and servants and an assessor to assess the benefits and to select the route of the road, issue bonds, levy assessments and complete the improvement of the road in…
2Cases cited11 opinions
- Kirby v. TallmadgeSupreme Court of the United States · 1896
- Kizer Lumber Co. v. MoselySupreme Court of Arkansas · 1892
- Bayou Meto Drainage District v. ChaplineSupreme Court of Arkansas · 1920
- Murray v. RapleySupreme Court of Arkansas · 1875
- Sain v. BogleSupreme Court of Arkansas · 1916
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Tri-County Highway Improvement District v. Vincennes Bridge Co.Supreme Court of Arkansas · 1925
- Gould v. SanfordSupreme Court of Arkansas · 1922
- Road Improvement District No. 3 v. MorrisSupreme Court of Arkansas · 1922
- Kern v. Booneville & Sanatorium Highway DistrictSupreme Court of Arkansas · 1922
- Lashbrook v. Tri-County Highway Improvement DistrictSupreme Court of Arkansas · 1922
17 more not listed; retrieve them via the Exa API.