Clayton v. Lafargue
Supreme Court of Arkansas
Appeal from Desha Circuit Court in Chancery. Hon. John C. Murray, Circuit Judge. It is submitted confidently that the complainant below cannot be heard in this tribunal. In Handle vs. Williams, 13 Ark. 380, it is held that a chancery proceeding to correct an excessive assessment would be wholly unwarranted and unauthorized, and that if the assessment and levy were excessive, the appropriate remedy was by appeal to the county court.
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Appeal from Desha Circuit Court in Chancery. Hon. John C. Murray, Circuit Judge. It is submitted confidently that the complainant below cannot be heard in this tribunal. In Handle vs. Williams, 13 Ark. 380, it is held that a chancery proceeding to correct an excessive assessment would be wholly unwarranted and unauthorized, and that if the assessment and levy were excessive, the appropriate remedy was by appeal to the county court. And it does not appear, nor is it pretended that the appellee was deprived of the right of appeal without fault or negligence on his part. The cases as to…
1Opinion of the CourtJustice Compton
This was a bill in chancery, exhibited by Agnes Lafargue, to restrain the sheriff of Desha county from proceeding to advertise and sell a half section of land for taxes, imposed' under the act of the legislature, approved 16th February, 1859, entitled “ an act to provide for making and repairing levees in Desha and Phillips counties. Pamph. Acts 1858, p. 153.
By the provisions of the act, the county court is authorized to levy a tax on all lands subject to overflow, situate in Desha and Phillips counties, that would be benefited by levee work. The funds thus raised are to be expended in the…
2Cases cited9 opinions
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
- Williams v. CammackMississippi Supreme Court · 1854
- McGehee v. MathisSupreme Court of Arkansas · 1860
- Dyer v. Br. Bank at MobileSupreme Court of Alabama · 1848
- Le Roy v. Mayor of New-YorkNew York Court of Chancery · 1820
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3Cited by1 opinion
- Brooks v. SheltonMississippi Supreme Court · 1872