Martin v. Hargrove
Supreme Court of Arkansas
Certiorari to Franklin Chancery Court; J. V. Bour-land, Chancellor; The law as announced by this court in 142 Ark. 21-28 settles this case, and the chancellor was without power to oust the commissioners and turn the district and its affairs over to receivers.
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Certiorari to Franklin Chancery Court; J. V. Bour-land, Chancellor; The law as announced by this court in 142 Ark. 21-28 settles this case, and the chancellor was without power to oust the commissioners and turn the district and its affairs over to receivers. The general rule is that' the appointment of receivers must be ancillary to the main cause. 23 R. C. L. 16; 178 Pac. 438. The commissioners are the duly and legally constituted officers of the district, and should have charge of its affairs, and are the only ones authorized to act for the district, create debts, execute obligations and…
1Opinion of the Court
Símit-h, J.
This is a petition for certiorari by the commissioners of Road Improvement District No. 1 of Franklin County, Arkansas, to bring up the proceedings in a certain cause now pending in the- chancery court of Franklin County. The suit in chancery was commenced by certain landowners in Road Improvement District No. 1 of Franklin County, and the complaint contained substantially the following allegations: Road Improvement District No. 1 was created by special act No. 588 of the Acts of the General Assembly of 1919. The commissioners of the district let a contract for the construction of…
2Cases cited3 opinions
- Paving District No. 5 v. FernandezSupreme Court of Arkansas · 1920
- Reed v. BradfordSupreme Court of Arkansas · 1919
- Hilger v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1919
3Cited by11 opinions
- State Ex Rel. Purcell v. NelsonSupreme Court of Arkansas · 1969
- Bridges v. Arkansas Motor Coaches, Ltd., Inc.Supreme Court of Arkansas · 1974
- Ball v. RobertsSupreme Court of Arkansas · 1987
- Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
- Axley v. HammockSupreme Court of Arkansas · 1932
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