School District of Ogden v. Smith
Supreme Court of Arkansas
Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. At the July term, 1913, of the Little River Circuit Court, the School District of Ogden, acting under the authority of Act 376 of the Acts of 1911, as amended by Act 238 of the Acts of 1913, filed its petition to condemn 8.14.acres of land owned by Frank Smith.
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Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. At the July term, 1913, of the Little River Circuit Court, the School District of Ogden, acting under the authority of Act 376 of the Acts of 1911, as amended by Act 238 of the Acts of 1913, filed its petition to condemn 8.14.acres of land owned by Frank Smith. The cause was tried on the 18th of July, 1913, and the jury assessed the compensation to be paid by the school district at the sum of $2,500. On the 9th of December, 1913, the school district instituted this suit against Frank Smith, and on the…
1Opinion of the Court
Wood, J.,
(after stating the facts). Section 4 of the act under which the condemnation of the property was obtained by the appellant provides, among other things, that “if the use or enjoyment of the property is needed forthwith for the construction of any building or prpper carrying on of any school,” the district may “request the court, or the judge thereof, at a convenient day, notice of such application being given such owner, to fix a proper sum of money to be deposited as security for the payment of such damages as may be assessed, whereupon they shall have authority to take immediate…
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