Cumnock v. Alexander
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Marlin&cm, Chancellor; STATEMENT OF FACTS. This suit questions the constitutionality of Act No. 436, passed at the 1919 session of the General Assembly. The act is entitled, “An Act Creating the Pulaski County Road Improvement District No. 10.” Section 4 of this act divides the territory embraced in the entire district into six sub-districts designated as sections.
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Appeal from Pulaski Chancery Court; John E. Marlin&cm, Chancellor; STATEMENT OF FACTS. This suit questions the constitutionality of Act No. 436, passed at the 1919 session of the General Assembly. The act is entitled, “An Act Creating the Pulaski County Road Improvement District No. 10.” Section 4 of this act divides the territory embraced in the entire district into six sub-districts designated as sections. The act describes the territory embraced in each sub-district and imposes upon each particular section the duty of improving certain roads located therein. Two of these sections are north…
1Opinion of the Court
SMITH, J.,
(after stating the facts). It is always a question of fact, and, in a large measure, a matter of opinion, as to what lands will be benefited by a particular improvement. Reasonable minds may, and do, differ on this question, and that difference continues to exist when the question of the amount of benefits is reached. ' Some one must be authorized to decide these questions, for it is inconceivable that there should ever be, or could ever be, unanimity of opinion upon a subject affording so wide a scope for difference of opinion. The Legislature has control of this subject, and it…
2Cases cited5 opinions
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
- Sallee v. DaltonSupreme Court of Arkansas · 1919
- Bennett v. JohnsonSupreme Court of Arkansas · 1917
- Snetzer v. GreggSupreme Court of Arkansas · 1917
- Tarvin v. Road Improvement District No. 1Supreme Court of Arkansas · 1919
3Cited by17 opinions
- Hill v. EcholsSupreme Court of Arkansas · 1919
- Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
- Bush v. Delta Road Improvement DistrictSupreme Court of Arkansas · 1919
- Booe v. SimsSupreme Court of Arkansas · 1919
- McClelland v. PittmanSupreme Court of Arkansas · 1919
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