Driver v. Moore
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Rdward D. Robertson, Chancellor; 1. Strict conformity with the statute, in the three essential mandatory particulars required therein to be shown in the petition, is jurisdictional. 64 Ark. 1x8; lb. 566. This being a special statutory proceeding contrary to the course of the common law, there can be no presumption of jurisdiction, but all necessary jurisdictional facts must appear from the record. 51 Ark. 42; 54 Ark. 642; 59 Ark. 487;…
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Appeal from Mississippi Chancery Court; Rdward D. Robertson, Chancellor; 1. Strict conformity with the statute, in the three essential mandatory particulars required therein to be shown in the petition, is jurisdictional. 64 Ark. 1x8; lb. 566. This being a special statutory proceeding contrary to the course of the common law, there can be no presumption of jurisdiction, but all necessary jurisdictional facts must appear from the record. 51 Ark. 42; 54 Ark. 642; 59 Ark. 487; 10 Ark. 316; 18 Wall. 371 ; 28 Gratt. 872; Black on Judgments, § 280; Freeman on Judgments, § 123; 15 Am. & Fng. Enc.…
1Opinion of the CourtMcCurloch, J.
This is a suit instituted in the chancery court of Mississippi County by appellee, Claude H. Moore, as contractor, against appellant, James D. Driver, to recover the amount of an assessment levied on the lands of appellant for the expense of a ditch, the construction of which was authorized by an order made by the county court on petition of landowners.
Appellant resists the enforcement of said assessment on the ground that the order of the county court authorizing the improvement was void on account of certain jurisdictional defects in the proceedings, and that appellee had no valid contract…
2Cases cited9 opinions
- Stanley v. Supervisors of AlbanySupreme Court of the United States · 1887
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Oliver v. Monona CountySupreme Court of Iowa · 1902
- Stone v. Little Yellow Drainage DistrictWisconsin Supreme Court · 1903
- Matthews v. KimballSupreme Court of Arkansas · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Board of Improvement District No. 5 v. OffenhauserSupreme Court of Arkansas · 1907
- Lee Wilson & Co. v. William R. Compton Bond & Mortgage Co.Supreme Court of Arkansas · 1912
- Alexander v. Board of DirectorsSupreme Court of Arkansas · 1911
- Boles v. KelleySupreme Court of Arkansas · 1909
- Chapman & Dewey Land Co. v. WilsonSupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.