Curtis v. Hopson
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Chas. D. Frierson, Chancellor; 1. The Act is unconstitutional and void as by its terms it exempts certain property in the district from assessment, etc. It is void on its face. It exempts school lands, churches and parsonages in cities and towns, but not those outside or rural, etc. Acts 1907, 897; 188 S. W. 4; 125 Ark. 163; 46 Ark. 312; 48 Id. 371; lb. 251; 25 Id. 289; 94 IT.
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Appeal from Clay Chancery Court, Western District; Chas. D. Frierson, Chancellor; 1. The Act is unconstitutional and void as by its terms it exempts certain property in the district from assessment, etc. It is void on its face. It exempts school lands, churches and parsonages in cities and towns, but not those outside or rural, etc. Acts 1907, 897; 188 S. W. 4; 125 Ark. 163; 46 Ark. 312; 48 Id. 371; lb. 251; 25 Id. 289; 94 IT. S. 260. 2. There is no estoppel if the Act is void. 55 Ark. 157; 58 Id. 270; 94 U. S. 260; 61 Ark. 74; 83 Id. 275; 31 Id. 701; 58 Id. 270; 32 Id. 576; 59 Id. 360; 130…
1Opinion of the CourtMcCulloch, C. J.
In the recent case of Martin v. Reynolds, 125 Ark. 163, we decided that a special statute creating a certain drainage district was void on its face for the reason that the following designation of the property to be assessed for taxation to pay for the improvement was discriminatory:
“All lands whether surveyed or unsurveyed, except lands of the United States; all school lands, except tracts not to exceed three acres in area on which school buildings have been erected, or are in course of erection; all railroads owned, leased or operated in said district, including sidetracks; and all other…
2Cases cited8 opinions
- Moore v. Board of DirectorsSupreme Court of Arkansas · 1911
- St. Louis Southwestern Railway Co. v. Board of DirectorsSupreme Court of Arkansas · 1907
- Salmon v. Board of Directors of Long Prairie Levee DistrictSupreme Court of Arkansas · 1911
- Sudberry v. GravesSupreme Court of Arkansas · 1907
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Western Clay Drainage District v. DaySupreme Court of Arkansas · 1919