Milwee v. Tribble
Supreme Court of Arkansas
Appeal from' Sevier Chancery Court; James D. Shaver, Chancellor; 1. It was error to sustain the demurrer. It was a mere mistake in including section 18 in the district. 130 Ark. 70. 2. This section should be stricken out as unconstitutional and the other valid sections allowed to stand. Sallee v. Dalton, 138 Ark. 549. 3. The bill was properly passed.
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Appeal from' Sevier Chancery Court; James D. Shaver, Chancellor; 1. It was error to sustain the demurrer. It was a mere mistake in including section 18 in the district. 130 Ark. 70. 2. This section should be stricken out as unconstitutional and the other valid sections allowed to stand. Sallee v. Dalton, 138 Ark. 549. 3. The bill was properly passed. This case is settled by 130 Ark. 505. See also in point 103 Id. 110; 133 Id. 64. The act should be upheld, notwithstanding the clerical error in writing up the journals. The act is unconstitutional and void, as the lands are not contiguous. 130…
1Opinion of the CourtWood, J.
The General Assembly at its session of 1919 passed an act entitled “An act to create Horatio and Eastern Eoad Improvement District of Sevier County. ” Acts 1919, act No. 204; 1 Eoad Acts, p. 652.
Included in the above district are the lands embraced in section 18, township 9 south, range 32 west. This land is situated a distance of five miles from theother lands described in the act. All the lands of the district, except that above described, constitute a compact body, the lands being contiguous.
The appellee, a landowner of the district, instituted this action against the appellants, as…
2Cases cited2 opinions
- Heinemann v. SweattSupreme Court of Arkansas · 1917
- Snetzer v. GreggSupreme Court of Arkansas · 1917
3Cited by12 opinions
- Nixon v. AllenSupreme Court of Arkansas · 1921
- Hill v. EcholsSupreme Court of Arkansas · 1919
- Booe v. SimsSupreme Court of Arkansas · 1919
- Ford v. Plum Bayou Road Improvement DistrictSupreme Court of Arkansas · 1924
- House v. Road Improvement District No. 5Supreme Court of Arkansas · 1923
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