Norton v. Bacon
Supreme Court of Arkansas
Appeal from Lincoln Chancery Court; John, M. Elliott, Chancellor; The only question in this case is whether the mistake in the description of the land invalidated the formation of the district. The law plainly requires that the petition shall describe the territory to be included, and shall be accompanied by a plat,, etc. Proper notice is jurisdictional. Act 402,1909, p. 1153; 104 Ark. 298. 104 Ark. 298, was based upon different grounds.
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Appeal from Lincoln Chancery Court; John, M. Elliott, Chancellor; The only question in this case is whether the mistake in the description of the land invalidated the formation of the district. The law plainly requires that the petition shall describe the territory to be included, and shall be accompanied by a plat,, etc. Proper notice is jurisdictional. Act 402,1909, p. 1153; 104 Ark. 298. 104 Ark. 298, was based upon different grounds. Kirby’s Dig., § 5665; Acts 1909, p. 1153. The plat filed distinctly showed that part of section 6 was included in the district. The burden was on appellant…
1Opinion of the CourtMcCulloch, C. J.
A road improvement district in Lincoln County was formed by an order of the county court, made upon petition of property owners in the district to be affected, pursuant to Act No. 402 of tbe General Assembly of 1909.
Appellant owned property in tbe district, and, after tbe district was formed and proceedings were begun thereunder toward tbe assessment of property for tbe improvement, be instituted this action to restrain such proceedings, alleging that tbe order of tbe county court is void for tbe reason that neither tbe boundaries of tbe district nor tbe lands situated therein were described…
2Cases cited1 opinion
- Voss v. ReyburnSupreme Court of Arkansas · 1912
3Cited by10 opinions
- Heinemann v. SweattSupreme Court of Arkansas · 1917
- Paschal v. SwepstonSupreme Court of Arkansas · 1915
- McRaven v. ClancySupreme Court of Arkansas · 1914
- Gregg v. Road Improvement District No. 2Supreme Court of Arkansas · 1925
- Dorsey Land & Lumber Co. v. Board of DirectorsSupreme Court of Arkansas · 1918
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