Gibson v. Lower Running Water Drainage District
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court; Geo. T. Humphries, Chancellor; 1. The pretended formation of the district and all proceedings thereunder are void for the reason that no order of the county court was made fixing the day for the hearing of the preliminary report of the engineer. Act 221, Acts 1911; 115 Ark. 165; 48 Id. 238; 51 Id. 34; 61 Id. 259; 55 Id. 30; 56 Id. 419; 14 Id. 408; 25 Id. 541; 30 Id. 719. Notice was given and published by the clerk as required by law.
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Appeal from Lawrence Chancery Court; Geo. T. Humphries, Chancellor; 1. The pretended formation of the district and all proceedings thereunder are void for the reason that no order of the county court was made fixing the day for the hearing of the preliminary report of the engineer. Act 221, Acts 1911; 115 Ark. 165; 48 Id. 238; 51 Id. 34; 61 Id. 259; 55 Id. 30; 56 Id. 419; 14 Id. 408; 25 Id. 541; 30 Id. 719. Notice was given and published by the clerk as required by law. This was sufficient. The intention of the Legislature was thus given due effect. 36 Cyc. 1107; 86 Ark. 304. The court is not…
1Opinion of the CourtMcCulloch, C. J.
Appellant is the owner of land within the boundaries of a drainage district in Lawrence County known as the Lower Running Water Dxainage District, and he instituted this action in the chancery court of Lawrence County to prevent the imposition of assessments on his land. The district was organized in the year 1915, pursuant to the terms of the act of May 27, 1909 (Acts of 1909, p. 829), as amended by the act of April 28, 1911 (Acts of 1911, p. 193). It is contended that the county court never acquired jurisdiction because the publication of the notice to property owners was not based on an…
2Cases cited4 opinions
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- St. Louis, Iron Mountain & Southern Railway Co. v. DudgeonSupreme Court of Arkansas · 1897
- Robertson v. DerrickSupreme Court of Arkansas · 1914
- Drainage District No. 7 v. TerrySupreme Court of Arkansas · 1917
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