Watkins v. Griffith
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. David W. Carroll, Chancellor. 1. This suit was brought under se'c. 3731, Mansf. Dig., to restrain an illegal and unauthorized assessment.
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Appeal from Pulaski Chancery Court. David W. Carroll, Chancellor. 1. This suit was brought under se'c. 3731, Mansf. Dig., to restrain an illegal and unauthorized assessment. The statutes were complied with up to and including the passage of the ordinance levying a tax of one per cent, on a basis of cost of $750. Thereafter the statute was wholly disregarded, and all their acts are void. 2. There was no petition for a macadam improvement ; it was not authorized by the council; and the council had no power, after the pavement was laid, to levy an assessment to pay for it. The authority was…
1Opinion of the Court
Joseph W. Martin, Special J.
The bill of complaint in this case was filed by appellants, certain owners of real estate along Louisiana street, in the city of Little Rock, between Tenth and Fourteenth streets, to enjoin the collection of an assessment made by order of the city council to pay for an improvement made on that street. They allege that the assessment is without authority of law, and that their property is not legally bound therefor. The defendants (appellees here) claim that the proceedings under which said assessment was made are in substantial compliance with the law, and that,…
2Cases cited12 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Motz v. City of DetroitMichigan Supreme Court · 1869
- Mulligan v. SmithCalifornia Supreme Court · 1881
- Holland v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
- Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
- Martin v. StateSupreme Court of Arkansas · 1906
- Thibault v. McHaneySupreme Court of Arkansas · 1915
- Wiegel v. Pulaski CountySupreme Court of Arkansas · 1895
13 more not listed; retrieve them via the Exa API.