Fitzgerald v. Saxton
Supreme Court of Arkansas
Cross-Appeals from Pulaski Chancery Court. David W. Carroee, Chancellor. STATEMENT BY THE COURT. This is a proceeding instituted by the appellant, as plaintiff, in the Pulaski chancery court, against appellees, as commissioners and collector of Improvement District No. 25, in the city of Dittle Rock, on the 16th July, 1890, to enjoin them from entering upon and appropriating plaintiff’s land as a street, and improving the same, and also from collecting the taxes levied on…
Read the full summary
Cross-Appeals from Pulaski Chancery Court. David W. Carroee, Chancellor. STATEMENT BY THE COURT. This is a proceeding instituted by the appellant, as plaintiff, in the Pulaski chancery court, against appellees, as commissioners and collector of Improvement District No. 25, in the city of Dittle Rock, on the 16th July, 1890, to enjoin them from entering upon and appropriating plaintiff’s land as a street, and improving the same, and also from collecting the taxes levied on his said land for the purpose of said improvements. Sundry other ■questions wrere raised by the original complaint, but…
1Opinion of the Court
Bunn, C. J.,
(after stating the facts.) The first question that confronts us is that submitted to us by the paragraph of the agreed statement of facts quoted above.
It seems that the main reliance of the appellant in the case of Webster v. Little Rock, 44 Ark. 537, was that this court would declare the act of April 28, 1873, unconstitutional, since it was by virtue of that act, if at all, his property and that of his co-plaintiffs, including the property herein involved, had been placed in the city of Little Rock, as being property coming under the description set forth in that act. This court,…
2Cases cited2 opinions
- Patton v. StateSupreme Court of Arkansas · 1887
- Wyman v. StateWisconsin Supreme Court · 1861
3Cited by4 opinions
- Willis v. City of Fort SmithSupreme Court of Arkansas · 1916
- McLennan County v. TaylorCourt of Appeals of Texas · 1936
- Pulaski Gas Light Co. v. RemmelSupreme Court of Arkansas · 1911
- Hughes v. Arkansas & Oklahoma RailroadSupreme Court of Arkansas · 1905