Pfeiffer v. Bertig
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Archer Wheatley, Chancellor; 1. The court erred in overruling the demurrer to the answer. Act 196, Acts 1911, sections 7 and 8, only apply to the parent act and not to subsidiary districts. These sections only apply to the parent district, and subsidiary districts have no power to issue interest-bearing bonds when principal and interest greatly exceed the benefits assessed.
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Appeal from Greene Chancery Court; Archer Wheatley, Chancellor; 1. The court erred in overruling the demurrer to the answer. Act 196, Acts 1911, sections 7 and 8, only apply to the parent act and not to subsidiary districts. These sections only apply to the parent district, and subsidiary districts have no power to issue interest-bearing bonds when principal and interest greatly exceed the benefits assessed. Subsidiary district No. 11 is not entitled to claim the benefits of the provisions of the acts, but the interest must be considered a part of the construction, and the benefits draw no…
1Opinion of the CourtWood, J.
Appellant filed his complaint against the appellees in the Greene Chancery Court. The appellant alleged that he “is the owner of the lands situated within the limits of Grassy Slough Subsidiary Drainage District No. 11 of the St. Francis Drainage District which has been organized in pursuance of the statutes governing St. Francis Drainage District. The benefits within the said districts have been assessed at the sum of $146,590, and the defendants as commissioners of said district are about to make a contract for the issuing of $120,000 of the negotiable bonds of said district, payable…
2Cases cited8 opinions
- Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
- Oliver v. WhittakerSupreme Court of Arkansas · 1916
- People v. WeberIllinois Supreme Court · 1896
- Skillern v. White River Levee DistrictSupreme Court of Arkansas · 1919
- Germond v. City of TacomaWashington Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kersh Lake Drainage District v. JohnsonSupreme Court of Arkansas · 1941
- Chicago Mill & Lumber Co. v. Drainage District No. 17Supreme Court of Arkansas · 1927
- Benton v. NowlinSupreme Court of Arkansas · 1933
- Phillips v. Tyronza & St. Francis Road Improvement DistrictSupreme Court of Arkansas · 1920
- Greer v. BlockerSupreme Court of Arkansas · 1951
8 more not listed; retrieve them via the Exa API.