West v. Cotton Belt Levee District No. 1
Supreme Court of Arkansas
Appeal from Phillips Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. M. E. West instituted this action in the chancery court against Cotton Belt Levee District No. 1 and the board of directors and treasurer of said district for the purpose of enjoining and restraining them from proceeding to enforce 'the collection of an assessment against a certain tract of land belonging to the plaintiff which, he alleged, was unlawfully assessed against his land.
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Appeal from Phillips Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. M. E. West instituted this action in the chancery court against Cotton Belt Levee District No. 1 and the board of directors and treasurer of said district for the purpose of enjoining and restraining them from proceeding to enforce 'the collection of an assessment against a certain tract of land belonging to the plaintiff which, he alleged, was unlawfully assessed against his land. The plaintiff set up .a state of facts substantially as follows: 'The Cotton Belt Levee District No. 1 of Phillips…
1Opinion of the Court
Hart, J.,
(after stating the facts). Section 4941 of Kirby’s Digest provides that the board of directors shall call a meeting of the land owners of said district at some place convenient to some part of the work. The meeting of the land owners in this case was called and held in the Board of Trade building at Helena, in Phillips County, a place outside the boundaries of the district. It is contended by counsel for the plaintiff that this rendered the whole proceeding void.(1) The plaintiff did not charge the board of directors with any design to perpetrate a fraud in selecting the city of…
2Cited by5 opinions
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- Merritt v. No Fence District No. 2, Jefferson Cty.Supreme Court of Arkansas · 1943
- Hornor v. CraggsSupreme Court of Arkansas · 1932