Legal Opinion

Foster v. Bayou Meto Drainage District

Supreme Court of Arkansas

Decided January 28, 1918PublishedCited by 4 opinions

Appeal from Lonoke Circuit Court; T. C. Trimble, Judge; All the land owners were parties to the suit. No written complaint was necessary and the right to appeal is absolute under the Act. Kirby’s Digest, § 1487; Acts 1913, 738; 34 Ark. 240; 51 Id. 159; 77 Id. 586;' 95 Id. 385; 117 Id. 4; 91 Id. 81; 90 Id. 219; 117 Id. 292; 126 Id. 211; 122 Id. 255, etc. See also, 43 Ark. 33; 35 Id. 298; 100 Id. 496; 101 Id. 106. Appellants failed to comply with the Act.

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Appeal from Lonoke Circuit Court; T. C. Trimble, Judge; All the land owners were parties to the suit. No written complaint was necessary and the right to appeal is absolute under the Act. Kirby’s Digest, § 1487; Acts 1913, 738; 34 Ark. 240; 51 Id. 159; 77 Id. 586;' 95 Id. 385; 117 Id. 4; 91 Id. 81; 90 Id. 219; 117 Id. 292; 126 Id. 211; 122 Id. 255, etc. See also, 43 Ark. 33; 35 Id. 298; 100 Id. 496; 101 Id. 106. Appellants failed to comply with the Act. No complaint was filed and appellants did not make themselves parties to the record and hence there could be no appeal. Kirby’s Digest, §…

1Opinion of the CourtMcCULLOCH, C. J.

A drainage district designated as Bayou Meto Drainage District No. 1 of Lonoke County, Arkansas, was duly organized by an order "of the county court of Lonoke County, embracing a large area which included lands of each of the appellants Foster and Kentark Land & Timber Company. Each of said parties appealed to the circuit court of Lonoke County from the order and judgment of the county court confirming the assessment of benefits made by the commissioners. The circuit court dismissed each of the appeals on motion of the commissioners of the district and appeals have been prosecuted to this…

2Cases cited1 opinion

  1. Jones v. FletcherSupreme Court of Arkansas · 1918

3Cited by4 opinions

  1. Dickerson v. Tri-County Drainage DistrictSupreme Court of Arkansas · 1919
  2. House v. Road Improvement District No. 2Supreme Court of Arkansas · 1923
  3. Shambaugh v. BellarCourt of Appeals of Texas · 1932
  4. Coffman v. Road Improvement District No. 6Supreme Court of Arkansas · 1918

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