Memphis Land & Timber Co. v. St. Francis Levee District
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court in Chancery. H. N. Hutton, Judge. The statute must be strictly construed; no presumption in favor of regularity of acts of board. The burden is on appellants to show same. 59 Ark. 344, 356; 58 Ark.375; 24 N. J. Eq. 144; 3 Wall. 320; 50 Ark. 116, 123; 6 Wend. 486; 34 Vt. 156; 45 Vt. 202; Burroughs, Taxation, 149; 51 Ark. 34, 51; 10 Fed. 891; Mechem, Pub.
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Appeal from St. Francis Circuit Court in Chancery. H. N. Hutton, Judge. The statute must be strictly construed; no presumption in favor of regularity of acts of board. The burden is on appellants to show same. 59 Ark. 344, 356; 58 Ark.375; 24 N. J. Eq. 144; 3 Wall. 320; 50 Ark. 116, 123; 6 Wend. 486; 34 Vt. 156; 45 Vt. 202; Burroughs, Taxation, 149; 51 Ark. 34, 51; 10 Fed. 891; Mechem, Pub. Off. §§ 581, 511, 522, 627; Welty, Assessments, §§ 221 and 223; 14 Gray, 440; 11 Vt. 385; Sutherland, Stat. Const. 390 and 454; Beach, Pub. Corp. §§ 1166 and 1177; Endlich, Int. Stat. §§ 345, 358, 434;…
1Opinion of the Court
Battle, J.”
An act of the general assembly which became a law on the 15th of February, 1893, and the act amendatory thereof which was approved March 21, 1893, after describing certain territory known as the St. Francis basin, declared that it should constitute a levee district; and, naming certain persons directors, provided that they and their successors in office shall constitute a body politic and corporate by the name and style of the “Board of Directors St. Francis Levee District;” and empowered the board, and made it their duty, “to levee the St. Francis front in this state, and to…
2Cases cited3 opinions
- City of Waterbury v. SchmitzSupreme Court of Connecticut · 1890
- Manseau v. EdwardsWisconsin Supreme Court · 1881
- Durbin v. PlattoWisconsin Supreme Court · 1879
3Cited by12 opinions
- Los Angeles County Flood Control District v. HamiltonCalifornia Supreme Court · 1917
- State ex rel. Moose v. Kansas City & Memphis Railway & Bridge Co.Supreme Court of Arkansas · 1914
- Butler v. Board of Directors of Fourche Drainage DistrictSupreme Court of Arkansas · 1911
- Duling Bros. v. City of HuntingtonWest Virginia Supreme Court · 1938
- Board of Directors St. Francis Levee Dist. v. KurnCourt of Appeals for the Eighth Circuit · 1937
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