Legal Opinion

Cunningham v. Keeshan

Supreme Court of Arkansas

Decided November 10, 1913PublishedCited by 7 opinions

Appeal from Phillips Chancery Court; Edward D. Robertson, Chancellor; The commissioners exceeded their authority in expending money in enlarging and strengthening a part of the levee not referred to in the act. The literal meaning of the words used will be disregarded only tuhen it is obvious from the act itself that the use of the words was clerical error, or that the Legislature intended it in a different sense from its common meaning.

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Appeal from Phillips Chancery Court; Edward D. Robertson, Chancellor; The commissioners exceeded their authority in expending money in enlarging and strengthening a part of the levee not referred to in the act. The literal meaning of the words used will be disregarded only tuhen it is obvious from the act itself that the use of the words was clerical error, or that the Legislature intended it in a different sense from its common meaning. Here the words and their meaning are plain and definite. 35 Ark. 57; 24 Id. 487; 64 Id. 555; 158 S. W. 960; 1 Words & Phrases, p. 21; 47 Mass. 529-533; 12…

1Opinion of the CourtMcCulloch, C. J.

The General Assembly of 1897, during the extraordinary session of that year, enacted a special statute creating an improvement district designated as the Helena Improvement District, embracing substantially all the territory of that city and certain other contiguous territory on the south, for the purpose of constructing a levee along the Mississippi river in front of the district. At that time there was an old levee running from near the river bank in a westerly direction along Walker Street, which was near the northern boundary of the city. The act of 1897, creating the district, mentions…

2Cases cited4 opinions

  1. Butler v. Board of Directors of Fourche Drainage DistrictSupreme Court of Arkansas · 1911
  2. State ex rel. Attorney General v. TrulockSupreme Court of Arkansas · 1913
  3. Altheimer v. Board of Directors of Plum Bayou Levee DistrictSupreme Court of Arkansas · 1906
  4. Cypress Creek Drainage District v. WolfeSupreme Court of Arkansas · 1913

3Cited by7 opinions

  1. Bishop v. LINKWAY STORES, INC.Supreme Court of Arkansas · 1983
  2. Cook v. BevillSupreme Court of Arkansas · 1969
  3. Caldarera v. McCarroll, Commr. of Rev.Supreme Court of Arkansas · 1939
  4. Booe v. SimsSupreme Court of Arkansas · 1919
  5. State v. LeeSupreme Court of Arkansas · 1982

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