Gray v. Duffy
Supreme Court of Arkansas
Appeal from Independence Chancery Court; Lyman F. Reeder, Chancellor; The provisioxx in the Constitution, art. 7, § 28, coxxferring upon the county court “exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries,” etc., coxxfers upon that court, and none other, the power to fix the toll or rates to be charged by ferries. 98 Ark. 67. Sec. 5, act 124, Acts 1921, is in conflict with the above constitutional provision. • 1. The decree of…
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Appeal from Independence Chancery Court; Lyman F. Reeder, Chancellor; The provisioxx in the Constitution, art. 7, § 28, coxxferring upon the county court “exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries,” etc., coxxfers upon that court, and none other, the power to fix the toll or rates to be charged by ferries. 98 Ark. 67. Sec. 5, act 124, Acts 1921, is in conflict with the above constitutional provision. • 1. The decree of the lower court is xiot final, and thex*efore, not appealable. 102 Ark. 380; Union & Mercantile Trust Co. v. Hudson, 147…
1Opinion of the CourtMcCulloch, C. J.
Appellees are, respectively, the owixers of certain ferries axid ferx-y privileges across White River iix Independence County, and the county court of that county entered orders fixing rates of tolls for the ferries ixx the county, and attempted to enforce these orders. This is axx actioxx instituted by appellees in the chancery court of Independence County to restrain the county judge from attempting to enforce the orders of the court.
This is an appeal from the judgment of the chancery court overruling’ a demurrer to the complaint and making perpetual the temporary restraining order issued…
2Cases cited2 opinions
- Sallee v. DaltonSupreme Court of Arkansas · 1919
- Covington v. Saint Francis CountySupreme Court of Arkansas · 1905
3Cited by3 opinions
- White River Bridge Co. v. HurdSupreme Court of Arkansas · 1923
- Morgan v. FielderSupreme Court of Arkansas · 1937
- Arkansas Railroad Commission v. BovaySupreme Court of Arkansas · 1927