Henderson v. Dearing
Supreme Court of Arkansas
Appeal from Independent Circuit Court; Frederick D. Fulkerson, 'Judge; .1. The only issue is whether the act of April 13, 1907, enlarges or changes the boundaries of the district created by act of March 11, 1891. -One section of an act can be amended so as to leave the remainder of the act in force without repeating and re-enacting every other section.
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Appeal from Independent Circuit Court; Frederick D. Fulkerson, 'Judge; .1. The only issue is whether the act of April 13, 1907, enlarges or changes the boundaries of the district created by act of March 11, 1891. -One section of an act can be amended so as to leave the remainder of the act in force without repeating and re-enacting every other section. Lewis’ Sutherland, Stat. Const. § 231; 69 Ark. 376; 65 Id. 529; 71 Id. 556; 35 Id. 56, 60; 94 S. W. 610. 2. Though the act of 1907 failed to refer in express terms to the act of 1891, or to any other act, in so far as the provisions of the…
1Opinion of the CourtBattue, J.
Section one of an act entitled “An act to authorize the enclosing of certain lands on White River in Independence County and for other purposes,” approved March 11, 1891, authorized the owner of lands within certain boundaries to enclose the same with one continuous fence.
Sections 2, 3, 7 and 9 of the same act are as follows:
“Section 2. That it shall be the duty of the respective owners of said lands to erect or cause to be erected so much of said fence as would be in proportion to the value of the lands owned by each person within said inclosure, said value to be determined from the…
2Cases cited5 opinions
- Coffman v. St. Francis Drainage DistrictSupreme Court of Arkansas · 1907
- Porter v. WatermanSupreme Court of Arkansas · 1906
- Mondschein v. StateSupreme Court of Arkansas · 1892
- Hempstead County v. HarknessSupreme Court of Arkansas · 1905
- Spillers v. SmithSupreme Court of Arkansas · 1908
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- Edland v. StateSupreme Court of Arkansas · 1909
- Mudd v. St. Francis Drainage DistrictSupreme Court of Arkansas · 1915
- Norton v. No Fence District No. 2Supreme Court of Arkansas · 1930