Bush v. Branson
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Arkansas; F. A. Youmans, Judge. Bill by B. F. Bush, receiver of the St. Douis, Iron Mountain & Southern Railway Company, against J. H. Branson, Sheriff and ex officio Tax Collector, and others. From a decree for defendants, complainant appeals.
1Opinion of the Court
TRIEBER, District Judge.
The issue involved is the liability of the appellant, the receiver of the St. Louis, Iron Mountain & Southern Railway Company, duly appointed in a proceeding to foreclose a mortgage executed by the railway company, for assessments on the railroad property for the construction of a road by a road district, created by a special act of the General Assembly of the state of Arkansas, approved April 28, 1911. Act 228, Session Acts of Arkansas, page 642.
The legality of the assessment is attacked upon several grounds. (1) That under the’ provisions of the act (section 5) the…
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