McClelland v. Pittman
Supreme Court of Arkansas
Appeal from Nevada Chancery Court; Jas. D. Shaver, Chancellor; The court erred in sustaining the demurrer to the complaint. The complaint alleges that plaintiff’s property. outside of Prescott -will not, and can not possibly be benefited by any of the five roads embraced in the special act. The demurrer admits this, and the property should have been his property from the effect of the act.
Read the full summary
Appeal from Nevada Chancery Court; Jas. D. Shaver, Chancellor; The court erred in sustaining the demurrer to the complaint. The complaint alleges that plaintiff’s property. outside of Prescott -will not, and can not possibly be benefited by any of the five roads embraced in the special act. The demurrer admits this, and the property should have been his property from the effect of the act. By the terms of this act the county court is deprived of its constitutional jurisdiction. 89 Ark. 513; 92 Id. 93; 104 Ark. 425; 125 Id. 525. It permits the district to issue interest-bearing bonds, or…
1Opinion of the CourtSmith, J.
This appeal questions the constitutionality of'act No. 130, passed by the 1919 session of the General Assembly, entitled “An act creating Road Improvement District No. 2 in Nevada County.” The act is very'similar to, and in many respects is identical with, the ácts construed by this court in the recent cases of Cumnock v. Alexander, 139 Ark. 153, and Reitzammer v. Desha Road Improvement Dist., 139 Ark. 168. Indeed, the counsel for some of those who attack the Nevada County act filed a brief as' amici curiae in the former cases and they now refer to that brief on their own appeal, the court…
2Cases cited4 opinions
- Oliver v. Southern Trust Co.Supreme Court of Arkansas · 1919
- Moore v. Board of DirectorsSupreme Court of Arkansas · 1911
- Reitzammer v. Desha Road Improvement District No. 2Supreme Court of Arkansas · 1919
- Cumnock v. AlexanderSupreme Court of Arkansas · 1919
3Cited by11 opinions
- Johns v. Road Improvement DistrictsSupreme Court of Arkansas · 1920
- Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
- Bush v. Delta Road Improvement DistrictSupreme Court of Arkansas · 1919
- Moore v. North College Avenue Improvement District No. 1Supreme Court of Arkansas · 1923
- Desha Road Improvement District No. 2 v. StroudSupreme Court of Arkansas · 1922
6 more not listed; retrieve them via the Exa API.