Legal Opinion

Board of Improvement District No. 60 v. Cotter

Supreme Court of Arkansas

Decided October 24, 1903PublishedCited by 10 opinions

Appeal from Pulaski Circuit Court. Jesse C. Hart, Chancellor. STATEMENT BY THE COURT. This action was instituted by the appellant, as plaintiff in the court below, for the purpose of collecting certain assessments which it alleged were due and remained unpaid by the appellee.

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Appeal from Pulaski Circuit Court. Jesse C. Hart, Chancellor. STATEMENT BY THE COURT. This action was instituted by the appellant, as plaintiff in the court below, for the purpose of collecting certain assessments which it alleged were due and remained unpaid by the appellee. The complaint alleged that such assessments were levied by the city council of Little Bock against certain real estate lying within the boundaries of Improvement District No. 60 in said city, which belonged to appellee, and that the sums so-due and unpaid were liens upon the lots and parcels of land described in the…

1Opinion of the Court

R. E. L. Johnson, Special J.,

(after stating the facts.) The question to be determined in this case involves the construction of section 5322 of Sandels & Hill’s Digest, which reads as follows:

“When any ten resident owners of real property in any city, or incorporated town, or any portion thereof, shall petition the city or town council to take steps toward the making of any such local improvement, it shall be the duty of the council to at once lay off the whole city or town, if the whole of the desired improvement be general and local in its nature to said city, or town, or the portion…

2Cases cited3 opinions

  1. Crane v. Siloam SpringsSupreme Court of Arkansas · 1899
  2. Lytle v. StateSupreme Court of Arkansas · 1856
  3. McNair v. WilliamsSupreme Court of Arkansas · 1873

3Cited by10 opinions

  1. Shibley v. Fort SmithSupreme Court of Arkansas · 1910
  2. Whipple v. TuxworthSupreme Court of Arkansas · 1907
  3. Curb & Gutter Dist. No. 37 of Fayetteville v. ParrishCourt of Appeals for the Eighth Circuit · 1940
  4. Palmer v. Town of FarmingtonNew Mexico Supreme Court · 1919
  5. Bell v. PhillipsSupreme Court of Arkansas · 1915

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