Paving District No. 5 v. Fernandez
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; 1. The court had no authority to appoint the receiver to take charge of the funds, books, papers, etc., at an enormous expense, when the commissioners and the secretary were ready and willing to perform all those duties without additional expense. Act 579 was not unconstitutional and void, and the decree is against the clear preponderance of the evidence. Am. & Eng. Enc.
Read the full summary
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; 1. The court had no authority to appoint the receiver to take charge of the funds, books, papers, etc., at an enormous expense, when the commissioners and the secretary were ready and willing to perform all those duties without additional expense. Act 579 was not unconstitutional and void, and the decree is against the clear preponderance of the evidence. Am. & Eng. Enc. Law (2 Ed.) vol. 23, div. 3, p. 1Q02, and cases cited; 28 Ark. 48; 20 Id. 325; 23 A. & E. Enc. Law, par. 10, p. 1011, etc.; 129 N. Y.…
1Opinion of the CourtSmith, J.
The appellee, Fernandez, is a citizen and taxpayer of Fort Smith, and owned real estate in Paving District No. 5 in that city. This was an improvement district organized for the purpose of paving certain streets in that city, and assessments were made against the lands lying therein for the purpose of raising funds with which to pay for paving the streets in the improvement district. The assessments, were levied annually for several years, and when the last assessment had been collected there remained in the hands of the commissioners a surplus of about $22,000 after all cost of the…
2Cited by17 opinions
- McAdams v. HenleySupreme Court of Arkansas · 1925
- Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
- Martin v. HargroveSupreme Court of Arkansas · 1921
- Benton v. NowlinSupreme Court of Arkansas · 1933
- Bourland v. SouthardSupreme Court of Arkansas · 1932
12 more not listed; retrieve them via the Exa API.