Siloam Springs v. Broyles
Supreme Court of Arkansas
Appeal from Benton Chancery Court; James F. Read, Special Chancellor; STATEMENT BY THE COURT. This suit was brought by appellees in the Benton Chancery Court against appellants to restrain them from obstructing a certain street in the city of Siloam Springs by “erecting, maintaining and continuing to maintain an alleged eight-foot cement sidewalk in the center of the street.
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Appeal from Benton Chancery Court; James F. Read, Special Chancellor; STATEMENT BY THE COURT. This suit was brought by appellees in the Benton Chancery Court against appellants to restrain them from obstructing a certain street in the city of Siloam Springs by “erecting, maintaining and continuing to maintain an alleged eight-foot cement sidewalk in the center of the street. Appellees allege that they are abutting owners, and that the sidewalk, as constructed and maintained, is an irreparable hindrance and damage to the property of the appellees, that it is without authority of law, and -in…
1Opinion of the Court
Wood, J.,
(after stating the facts). We are confronted, in limine, with the question raised by appellees as to whether the judgment should be affirmed for a failure to comply with rule nine of this court. It can' readily be seen from so much of the pleadings as we have set forth that the issues involved were mainly of fact. The court found that the pavement, as already constructed, and as- contemplated, and in process of construction, “was a nuisance.” It is impossible for this court to determine whether the court erred in this finding without a complete abstract of the evidence or the facts…
2Cases cited9 opinions
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- Koch v. KimberlingSupreme Court of Arkansas · 1892
- Neal v. BrandonSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1906
- Ruble v. HelmSupreme Court of Arkansas · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jett v. CrittendenSupreme Court of Arkansas · 1909
- Savage v. SavageSupreme Court of Arkansas · 1920
- Dunbar v. BellSupreme Court of Arkansas · 1909
- Bloomer v. ConeSupreme Court of Arkansas · 1909
- Droke v. RogersSupreme Court of Arkansas · 1946