Hout v. Harvey
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; Geo. T. Humphries, Chancellor; There was no authority to make the changes. The commissioner had not the power under the act to make the changes. 133 Ark. 491. See also 123 Ark. 205; lb. 298; 124 Id. 234; 126 Id. 318; 127 Id. 310. The changes were authorized by law and within the authority of the commissioners. All the changes were such as “better carry out the improvement as originally contemplated. ’ ’ The original plan was not changed.
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Appeal from Jackson Chancery Court; Geo. T. Humphries, Chancellor; There was no authority to make the changes. The commissioner had not the power under the act to make the changes. 133 Ark. 491. See also 123 Ark. 205; lb. 298; 124 Id. 234; 126 Id. 318; 127 Id. 310. The changes were authorized by law and within the authority of the commissioners. All the changes were such as “better carry out the improvement as originally contemplated. ’ ’ The original plan was not changed. The complaint is without equity and was properly dismissed. 133 Ark. 491; Acts 1915, Act 338.
1Opinion of the CourtMcCULLOCH, C. J.
Eoad Improvement District No. 4 of Jackson County was duly organized by an order of the county court of that county upon the petition of a majority in value of the property owners as prescribed by Act No. 338 of the G-eneral Assembly of 1915. The preliminary survey and estimate of cost made by the State Highway Department, upon which the petition to the court was based, specified the route and distance of the road, and the character of the improvement as a gravel road, five inches in depth, with a gravel coat of asphalt treatment one inch in depth, the road to be twelve feet wide.
The…
2Cases cited1 opinion
- Rayder v. WarrickSupreme Court of Arkansas · 1918
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