Drainage District No. 7 v. Terry
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; 1. The notice was sufficient under the Act. It contained everything required by law. Acts 1911, p. 199; 122 Ark. 418. 2. No notice was required. Kirby’s Digest, §§ 1434, 1439, 1437; Acts 1909, p. 839, § 10; Acts 1911, p. 109. ' • 3. Argues other points not decided by the court. 4. The question cannot be raised by certiorari — - only by appeal.
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Appeal from Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; 1. The notice was sufficient under the Act. It contained everything required by law. Acts 1911, p. 199; 122 Ark. 418. 2. No notice was required. Kirby’s Digest, §§ 1434, 1439, 1437; Acts 1909, p. 839, § 10; Acts 1911, p. 109. ' • 3. Argues other points not decided by the court. 4. The question cannot be raised by certiorari — - only by appeal. Acts 1911, p. 199; 129 S. W. 818; 114 Id. 919; 49 Ark. 533. 1. The notice was insufficient and the court never acquired jurisdiction. Acts 1911, p. 109; Acts 1909, p. 839;…
1Opinion of the CourtSmith, J.
A number of propositions are discussed in the very excellent briefs in this case, but we find* a single question decisive of all of them, and will therefore Consider this question only.
Drainage District No. 7 was organized under the general drainage law of 1903, contained in sections 1414-1450 of Kirby’s Digest. Later, three persons who are owners of real property in this district caused the following notice to be published:
“DRAINAGE NOTICE.
“Notice is hereby given that S. E. Simonson, R. C. Rose and W. O. Anthony, three owners of real property within Drainage District No. 7, have petitioned…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. DudgeonSupreme Court of Arkansas · 1897
3Cited by2 opinions
- Britt v. Laconia Circle Special Drainage DistrictSupreme Court of Arkansas · 1924
- Gibson v. Lower Running Water Drainage DistrictSupreme Court of Arkansas · 1917