Dinning v. Moore
Supreme Court of Arkansas
Appeal from Phillips Chancery Court; Edward D. Robertson, Chancellor ; 1. The board had power to order the sewer put in. Kirby’s Digest, § 5722. 2. There is no rule of law that makes the record the only evidence of the proceedings of a board of health. 65 Ark. 613; 93 S. W. 928; 105 Id. 270; 83 Mo. 123; 53 Am. .Rep. 565. It may be established by parol. 17 Cyc. 498; 11 N. E. 16; 51 Pac. 442; 28 Atl. 995; 27 Id. 856; 55 Pac.
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Appeal from Phillips Chancery Court; Edward D. Robertson, Chancellor ; 1. The board had power to order the sewer put in. Kirby’s Digest, § 5722. 2. There is no rule of law that makes the record the only evidence of the proceedings of a board of health. 65 Ark. 613; 93 S. W. 928; 105 Id. 270; 83 Mo. 123; 53 Am. .Rep. 565. It may be established by parol. 17 Cyc. 498; 11 N. E. 16; 51 Pac. 442; 28 Atl. 995; 27 Id. 856; 55 Pac. S2i 88 N. W. 614; 51 Pac. 505; 80 Fed. 366; 64 Ark. 599. There is no competent evidence showing that the board of health made any order requiring appellee to make…
1Opinion of the CourtBantus, J.
W. G. Dinning and W. C. Russwurm, constituting the board of health of the city of Helena, Arkansas, instituted a suit against John P. Moore, in the Phillips Chancery Court, to recover $187 and certain penalties and costs, and for the purpose of having the same declared a lien upon a certain lot in said city.
“The complaint charges that the plaintiffs, constituting the Board of Health of the City of Helena, Arkansas, on the...... day of January, 1905, issued an order requiring John P, Moore, the owner of lot 1, block 5, ‘New Helena/ to construct a sanitary sewer and drainage thereon for the…
2Cases cited5 opinions
- Chamberlain v. City of EvansvilleIndiana Supreme Court · 1881
- Meeker v. Van RensselaerNew York Supreme Court · 1836
- Byer v. Town of New CastleIndiana Supreme Court · 1890
- City of Aurora v. FoxIndiana Supreme Court · 1881
- City of Troy v. A. & N. RailroadSupreme Court of Kansas · 1874
3Cited by5 opinions
- Jernigan v. HarrisSupreme Court of Arkansas · 1933
- Fox v. LantripCourt of Appeals of Kentucky · 1915
- Nabholz Constr. Co. v. WhiteCourt of Appeals of Arkansas · 2015
- Fiscal Court v. GibbsCourt of Appeals of Kentucky · 1915
- Opinion No., Arkansas Attorney General Reports2003