Linwood & Auburn Levee District v. State
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court; W. B. Sorrells, Special Judge; 1. This is not -an action against the iState within the prohibition of article 5, section 20, of the State Constitution. The provision that “the State of Arkansas shall never be made defendant in any of ber courts” is but a declaration .of the policy of all States, where no statute expressly authorizes the sovereign to he sued.
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Appeal from Lincoln Circuit Court; W. B. Sorrells, Special Judge; 1. This is not -an action against the iState within the prohibition of article 5, section 20, of the State Constitution. The provision that “the State of Arkansas shall never be made defendant in any of ber courts” is but a declaration .of the policy of all States, where no statute expressly authorizes the sovereign to he sued. Its meaning is that claims against the State must be passed upon by the Legislature, and their payment provided for (by -appropriations made by that body. The framers of the Constitution had in mind…
1Opinion of the CourtMcCulloch, C. J.
Appellant is a levee district created by a special act of the Legislature at the session of the year 1893. As originally created, the district was composed of four townships in Lincoln 'County and a portion of a fifth one, and also a certain portion of Jefferson County. An amendatory statute in 1905 added two townships in Desha County. The purpose of the district is to construct and maintain a levee along the Arkansas River front to prevent inundation of lands in the district from the waters of that river. The statute authorized the election of a board of levee inspectors which is constituted…
2Cases cited14 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Kohl v. United StatesSupreme Court of the United States · 1876
- United States v. HerronSupreme Court of the United States · 1874
- Searl v. School District No. 2Supreme Court of the United States · 1888
- Cole v. White CountySupreme Court of Arkansas · 1877
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3Cited by6 opinions
- Watson v. DodgeSupreme Court of Arkansas · 1933
- Potts v. HaySupreme Court of Arkansas · 1958
- Arkansas State Highway Commission v. RobertsSupreme Court of Arkansas · 1970
- Opinion No., Arkansas Attorney General Reports1995
- Opinion No., Arkansas Attorney General Reports1995
1 more not listed; retrieve them via the Exa API.