Hilger v. Chrisp
Supreme Court of Arkansas
Appeal from White Chancery Court; John U. Martineau, Chancellor; 1. The only way the bridge could.be built is under the act of 1901, § § 1,2 and 4; Acts 1901, p. 291; Kirby’s Digest, § § 548-9, 550-553. It must be built by the county court and justices of the peace. Kirby’s Dig. § § 526-529, 548. The act of 1901 repealed S. & H. Dig. § § 526-529. 2. The river is a navigable stream, but not over 406 feet wide, and the county court had no.authority to build the bridge.
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Appeal from White Chancery Court; John U. Martineau, Chancellor; 1. The only way the bridge could.be built is under the act of 1901, § § 1,2 and 4; Acts 1901, p. 291; Kirby’s Digest, § § 548-9, 550-553. It must be built by the county court and justices of the peace. Kirby’s Dig. § § 526-529, 548. The act of 1901 repealed S. & H. Dig. § § 526-529. 2. The river is a navigable stream, but not over 406 feet wide, and the county court had no.authority to build the bridge. Section 548, Kirby’s Dig. 3. The jurisdiction of the county court must be shown by its records, affirmatively, or its acts are…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by certain citizens and taxpayers of White County, plaintiffs below, against the county judge and other members of the board of Bridge Commissioners of said county seeking to restrain them from entering into a contract for the construction of a bridge over Little Red River in White County.
The cause was heard in the lower court upon the pleadings and testimony adduced upon the trial before the chancellor, and a finding was made by him in favor of the defendants, and a decree was entered dismissing'the complaint, from which the plaintiffs have appealed to this…
2Cases cited7 opinions
- Willamette Iron Bridge Co. v. HatchSupreme Court of the United States · 1888
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Fones Hardware Co. v. ErbSupreme Court of Arkansas · 1891
- Montgomery v. PortlandSupreme Court of the United States · 1903
- Worthen v. BadgettSupreme Court of Arkansas · 1877
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3Cited by1 opinion
- Shofner v. DowellSupreme Court of Arkansas · 1925