Boaz v. Coates
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court, Eastern District; Geo. T. Humphries, Chancellor; 1. The ordinance was not properly published according to the Ordinance- No. 57. The Legislature never .amended the section as to notice.
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Appeal from Lawrence Chancery Court, Eastern District; Geo. T. Humphries, Chancellor; 1. The ordinance was not properly published according to the Ordinance- No. 57. The Legislature never .amended the section as to notice. Kirby’s Dig. 5688; 110 Ark. 544. The act of 1913 did not legalize or cure acts of •officers acting without authority under void ordinances of a city. 59 Ark. 544. 2. Kirby’s Dig., § ' 5672, is mandatory. 97 Ark. 334-340. The objections were made in apt time. Ib. .344. It can not be ignored. The statute requires a grade for the work. See 83 Ark. 340; 68 Id. 273; 97 Id. 334;…
1Opinion of the CourtMcCulloch, C. J.
Appellants were the owners of real property in the incorporated town of Hoxie, Arkansas, and this is an action instituted against them by the board of improvement of a district formed for the purpose of constructing sidewalks. The property of appellants is situated within the district and has been assessed, and the purpose of this action is to enforce the payment of the first assessment.
A similar suit between these parties was -formerly here on appeal, and we held that the improvement district had been legally formed, but that the ordinance levying the assessments on the property was void on…
2Cases cited2 opinions
- McDonnell v. Improvement District No. 145Supreme Court of Arkansas · 1911
- Gibson v. Incorporated Town of HoxieSupreme Court of Arkansas · 1913
3Cited by3 opinions
- Security Mortgage Co. v. HerronSupreme Court of Arkansas · 1927
- Less v. Improvement District No. 1 of HoxieSupreme Court of Arkansas · 1917
- Howard, County Treas. v. Stafford, County JudgeSupreme Court of Arkansas · 1942