Polk v. Road Improvement District No. 2
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court; W. B. Sorrells, Special Judge; STATEMENT -BY THE COURT. > This is an appeal from the judgment of the circuit court refusing to review and quash the order and judgment of the -county court of Lincoln County, establishing a public road, for want of jurisdiction in the court, it being claimed that no notice of the proceeding for the laying out of the road and the assessment of damages was given as required by law.
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Appeal from Lincoln Circuit Court; W. B. Sorrells, Special Judge; STATEMENT -BY THE COURT. > This is an appeal from the judgment of the circuit court refusing to review and quash the order and judgment of the -county court of Lincoln County, establishing a public road, for want of jurisdiction in the court, it being claimed that no notice of the proceeding for the laying out of the road and the assessment of damages was given as required by law. It is alleged that the petitioner is a resident of Lincoln County, the owner of certain designated lands; that on the 7th day of July, 1913, C. S.…
1Opinion of the Court
Kirby, J.,
(after‘stating the facts). If it be conceded that the petition for certiorari stated a cause of action and-that the demurrer thereto should have been overruled, it can make no difference- here in the review of the proceedings, if the judgment of the court was correct in dismissing same, since the record shows the matter was heard upon the petition, the response thereto and the exhibits showing the record and proceedings of the county court and the viewers in the establishment of the road and the assessment of damages for the lands taken, as well as the affidavit in support of the…
2Cited by5 opinions
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- Baucum v. WatersSupreme Court of Arkansas · 1916
- Nevius v. ReedSupreme Court of Arkansas · 1928
- Kansas City Southern Railway Co. v. Sevier CountySupreme Court of Arkansas · 1926
- Kansas City Southern Railway Co. v. Sevier CountySupreme Court of Arkansas · 1926