Protho v. Williams
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; Appellants by their conduct did not lead appellee to believe that they were going to change the route of the ditch. There is no proof of misrepresentation or deception.
Read the full summary
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; Appellants by their conduct did not lead appellee to believe that they were going to change the route of the ditch. There is no proof of misrepresentation or deception. Appellee had an opportunity for her day in court, which she chose to ignore, and the court erred in sustaining the demurrer and granting the injunction. 224 S. W. 334. The county court had power to change the location of the ditch and the route. 91 Ark. 79; 120 S. W. 402; Drainage act of 1909, § 8. The demurrer should have been sustained, as the chancery court…
1Opinion of the CourtWood, J.
This action was brought by the appellee against the appellants as commissioners of the Faulkner Lake Drainage District. She alleged in substance among other things that the district was cre'ated September 18, 1916; that she owned certain lands in the district (described in her complaint); that the benefits assessed against her property were $5,004.50; that the assessed valuation of her property was $8,600; that before and after the expiration of the thirty day period within which she had the right to make protests in the county court against the action of the commissioners in the assessment…
2Cases cited12 opinions
- Cairo & Fulton R. R. v. TurnerSupreme Court of Arkansas · 1876
- Horstmann v. LaFargueSupreme Court of Arkansas · 1919
- Barcroft & Co. v. Roberts & Co.Supreme Court of North Carolina · 1884
- Daniel v. . Commissioners of EdgecombeSupreme Court of North Carolina · 1876
- Kreiling v. NortrupIllinois Supreme Court · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kersh Lake Drainage District v. JohnsonSupreme Court of the United States · 1940
- Drainage Dist. No. 2 of Crittenden County v. Mercantile-Commerce Bank & Trust Co. of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- Indian Bayou Drainage District v. WaltSupreme Court of Arkansas · 1922
- Burton v. Drainage District No. 7Supreme Court of Arkansas · 1933
- Gipson v. BrandSupreme Court of Arkansas · 1972
2 more not listed; retrieve them via the Exa API.