City of Malvern v. Nunn
Supreme Court of Arkansas
Appeal from Hot Spring Chancery Court, J. P. Henderson, Chancellor; 1. A majority in value of the owners of real property signed both petitions. The majority must be determined solely by the county assessment books and property left off these books cannot be considered. 99 Ark. 508, 516. Churches and school property should both be put upon the assessment books, but if they are omitted the books are still conclusive. Ib. 2. Guardians may sign for their wards.
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Appeal from Hot Spring Chancery Court, J. P. Henderson, Chancellor; 1. A majority in value of the owners of real property signed both petitions. The majority must be determined solely by the county assessment books and property left off these books cannot be considered. 99 Ark. 508, 516. Churches and school property should both be put upon the assessment books, but if they are omitted the books are still conclusive. Ib. 2. Guardians may sign for their wards. Kirby’s Dig., § 5717; 2 Page & Jones on Taxation by Assessment, § 788; 32 Oh. St. 545, 561; 42 Id. 62; 93 N. W. 231-3; 20 Atl. 1028; 64…
1Opinion of the CourtHumphreys, J.
Appellees brought two suits in the Hot Spring Chancery Court against the city of Malvern, and G. E. Mattison, T. E. Nunn and E. T. Bramlitt, Commissioners of Water Works Improvement District No. 12 and Sewer Improvement District ‘No. 13, seeking to enjoin the city council and commissioners from proceeding further in the promotion or construction of the districts.
Appellants answered and the pleadings and proof tender only one issue for decision here. The issue is whether a majority in value of the owners of real property in each district signed the second petition in the course of the…
2Cases cited1 opinion
- Improvement District No. 1 v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
3Cited by13 opinions
- Rainwater v. HaynesSupreme Court of Arkansas · 1968
- Mahan v. WilsonSupreme Court of Arkansas · 1925
- Lewis v. Forrest City Special Improvement DistrictSupreme Court of Arkansas · 1923
- Dunbar v. Street Improvement District No. 1Supreme Court of Arkansas · 1927
- Appleby Road Street Improvement District v. PowellSupreme Court of Arkansas · 1984
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