Legal Opinion

Tarvin v. Road Improvement District No. 1

Supreme Court of Arkansas

Decided February 17, 1919PublishedCited by 8 opinions

Appeal from Perry Circuit Court; Guy Fulk, Judge; 1. The contemplated improvements are not sufficiently described in the petition, map and specifications and the order of court is not definite enough. Acts of 1915, p. 1308, § 1, “A,” “B,” and § 7. The notice was not sufficient. 191 S. W. 9; 113 Ark. 193; 115 Id. 88; 86 Id. 21; 97 Id. 341; 103 Id. 269; 116 Id. 167; 103 Id. 65; 90 Id. 29; 59 Id. 344; 60 Ark.

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Appeal from Perry Circuit Court; Guy Fulk, Judge; 1. The contemplated improvements are not sufficiently described in the petition, map and specifications and the order of court is not definite enough. Acts of 1915, p. 1308, § 1, “A,” “B,” and § 7. The notice was not sufficient. 191 S. W. 9; 113 Ark. 193; 115 Id. 88; 86 Id. 21; 97 Id. 341; 103 Id. 269; 116 Id. 167; 103 Id. 65; 90 Id. 29; 59 Id. 344; 60 Ark. L. R. 496. Separate and distinct roads were improperly joined in one district. 30 Ark. 513. 2. There was erroneous or fraudulent estimate of cost. 191 S. W. 9; 118 Ark. 121; 115 Id. 88; 186…

1Opinion of the CourtHumphreys, J.

On July 9, 1917, certain landowners in Perry County, Arkansas, presented a petition to the Perry County court, asking for the organization of Road Improvement District No. 1, under Act No. 338, Acts of the General Assembly, 1915; setting out in said petition the lands to be included in the district by section, township and range. The roads to be improved and constructed were described in the petition as follows: “Perry north, two miles; Perry east, four miles; Perry south to Perryville and from there to Aplin.” The petition recited that a plat was attached, plainly indicating the boundaries…

2Cases cited3 opinions

  1. Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
  2. Nall v. KelleySupreme Court of Arkansas · 1915
  3. Conway v. Miller County Highway & Bridge DistrictSupreme Court of Arkansas · 1916

3Cited by8 opinions

  1. Sallee v. DaltonSupreme Court of Arkansas · 1919
  2. Cumnock v. AlexanderSupreme Court of Arkansas · 1919
  3. Capps v. Judsonia & Steprock Road Improvement DistrictSupreme Court of Arkansas · 1922
  4. Cooper v. HoganSupreme Court of Arkansas · 1924
  5. Householder v. HarrisSupreme Court of Arkansas · 1921

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