Legal Opinion

Bd. of Improvement of Gravette Waterworks Improvement District v. Carman

Supreme Court of Arkansas

Decided April 7, 1919PublishedCited by 7 opinions

Appeal from Benton Chancery Court; Ben F. Mc-Mahan, Chancellor; 1. The allegations of the original complaint made a prima facie -ease as to the validity of the ordinances establishing the districts and levying the assesments.

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Appeal from Benton Chancery Court; Ben F. Mc-Mahan, Chancellor; 1. The allegations of the original complaint made a prima facie -ease as to the validity of the ordinances establishing the districts and levying the assesments. There is no specific denial of the allegations of the cross-complaint that no petition was filed within three months after the publication of the ordinances. 68 Ark. 376; 84 Id. 257. All objections to the validity of the proceedings establishing the districts, or levying and collecting assessments, must be specifically stated. Mere denials are not sufficient, or general…

1Opinion of the CourtSmith, J.

Suits were brought by the electric light and waterworks improvement districts of the incorporated town of Gravette against appellees to collect unpaid and delinquent assessments due on the lands described in the complaints. The complaints were drawn in conformity with sections 5691 and 5692 of Kirby’s Digest, and contained only the allegations there required. An answer and cross-complaint was filed in each case, in which the validity of the assessments sought to be enforced was challenged upon two grounds. First, that no authority existed for the passage of the ordinance which raised the…

2Cases cited9 opinions

  1. State v. CarrollSupreme Court of Connecticut · 1871
  2. Faucette v. GerlachSupreme Court of Arkansas · 1918
  3. Board of Improvement District No. 5 v. OffenhauserSupreme Court of Arkansas · 1907
  4. Kansas City, Pittsburg & Gulf Railway Co. v. Waterworks Improvement District No. 1Supreme Court of Arkansas · 1900
  5. Boles v. KelleySupreme Court of Arkansas · 1909

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

3Cited by7 opinions

  1. Lewis v. Tate, MayorSupreme Court of Arkansas · 1946
  2. Tumbs v. StateSupreme Court of Arkansas · 1986
  3. Williams v. Sewer Improvement District No. 86Supreme Court of Arkansas · 1929
  4. Emerich v. BourlandSupreme Court of Arkansas · 1923
  5. Lewis v. Tate, MayorSupreme Court of Arkansas · 1946

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

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