Overstreet v. Levee District No. 1
Supreme Court of Arkansas
Appeal from Conway Chancery Court; Jeremiah G. Wallace, Chancellor; 1. There is'no evidence that the various • steps necessary to make a valid organization of a levee district, and the levy of an assessment, were actually taken as provided by the statute. The requirements of the statute, which would be a protection to the citizens, are mandatory and must be strictly complied with. 50 Ark. 116; 130 U. S. 177; 25 Am. & Eng. Enc.
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Appeal from Conway Chancery Court; Jeremiah G. Wallace, Chancellor; 1. There is'no evidence that the various • steps necessary to make a valid organization of a levee district, and the levy of an assessment, were actually taken as provided by the statute. The requirements of the statute, which would be a protection to the citizens, are mandatory and must be strictly complied with. 50 Ark. 116; 130 U. S. 177; 25 Am. & Eng. Enc. Law (2 Ed.), 1204. 2. There is no proof that the proposed levee would benefit the lands, or in any way would increase their value. 3. The county court is required to…
1Opinion of the CourtMcCulloch, J.
This is a suit in chancery instituted by Levee District No. 1 of Conway County, a levee district alleged to have been duly formed according to the provisions of chapter 100, Kirby’s Digest, against J. H. Overstreet and M. E. Over-street to recover assessments alleged to have been duly made and chargeable against certain lands of the defendants situated in the district for the construction of the levee.
The defendants in their answer challenge the legality of the formation of the district and the validity of the assessments. They deny (1) that the district was legally formed, (2) that their…
2Cases cited11 opinions
- Stiewel v. Fencing District No. 6Supreme Court of Arkansas · 1902
- State v. KiddSupreme Court of Alabama · 1899
- Grand Rapids School Furniture Co. v. City of Grand RapidsMichigan Supreme Court · 1892
- Mills v. Township of RichlandMichigan Supreme Court · 1888
- Ritter v. Drainage District No. 1Supreme Court of Arkansas · 1906
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3Cited by5 opinions
- Board of Improvement District No. 5 v. OffenhauserSupreme Court of Arkansas · 1907
- Alexander v. Board of DirectorsSupreme Court of Arkansas · 1911
- Chapman & Dewey Land Co. v. WilsonSupreme Court of Arkansas · 1909
- Improvement District No. 1 v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
- Driver v. MooreSupreme Court of Arkansas · 1906