Olcott v. Salt Bayou Drainage District
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; The court erred in sustaining the demurrer. The day named by the clerk in the notice must be more than ten days after the publication of said notice aoid (2) the Jefferson County Court must be in session on the day named in said notice to afford an opportunity to those who desire to do so an opportunity to be heard.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; The court erred in sustaining the demurrer. The day named by the clerk in the notice must be more than ten days after the publication of said notice aoid (2) the Jefferson County Court must be in session on the day named in said notice to afford an opportunity to those who desire to do so an opportunity to be heard. Both these propositions are jurisdictional under act 658, Acts 1919, § 5; 103 Ark. 571; 132 Id. 144. Full two weeks’ notice of the filing of the assessments was given by the county clerk by proper publication and…
1Opinion of the CourtWood, J.
Salt Bayou Drainage District was created by act 658 of the special acts of 1919, page 972. Section 5 of the act provides, among other things, that the commissioners of the district shall assess the benefits to accrue to each tract of land included in the district. Among other provisions of section 5 are the following:
“When their assessment is completed the commissioners shall subscribe said assessment and deposit the books containing said assessment with the county clerks in which said lands are situated where they shall be kept and preserved as a public record. Upon the filing of said…
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