Maples v. Road Improvement District No. 2
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Eastern District ; S. E. Bennett, Special Judge; 1. The special judge was disqualified by reason of being county examiner. He was an appointee of the county judge. Art. 7, § 18, Const.; 25 Ark. 623. 2. The estimates of costs were not shown in the petitions for the district and not included or mentioned in the notice given by the clerk.
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Appeal from Carroll Circuit Court, Eastern District ; S. E. Bennett, Special Judge; 1. The special judge was disqualified by reason of being county examiner. He was an appointee of the county judge. Art. 7, § 18, Const.; 25 Ark. 623. 2. The estimates of costs were not shown in the petitions for the district and not included or mentioned in the notice given by the clerk. The order for the road was therefore void. 123 Ark. 205. Acts 1915, p. 1400. Due notice according to the act must be given by publication and describe the territory embraced. 1. There is nothing in the Constitution or laws…
1Opinion of the CourtHumphreys, J.
Appellants were remonstrants against the creation of and the assessment of benefits for Road Improvement District No. 2 in the county court of Carroll County, Eastern District thereof. The county court declared the district legally created and the benefits properly assessed under Act 338, Acts 1915, known as the “Alexander Eoad Law.” An appeal was prosecuted to the circuit court for the Eastern District of said County and was there heard by C. E. Bennett, special circuit judge, elected and qualified in the manner provided by law. When he took the bench, appellants filed a motion to disqualify…
2Cases cited1 opinion
- Lamberson v. CollinsSupreme Court of Arkansas · 1916
3Cited by8 opinions
- Lizar v. StateCourt of Criminal Appeals of Oklahoma · 1946
- Opinion No., Arkansas Attorney General Reports1996
- Opinion No., Arkansas Attorney General Reports1997
- Opinion No., Arkansas Attorney General Reports1999
- Opinion No., Arkansas Attorney General Reports1988
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