Sudberry v. Graves
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; J. H. Bdtvards, Special Chancellor; statement by the court. This is a suit in equity instituted by appellants to restrain the construction of a public ditch and to cancel, as clouds upon their titles, the assessments levied upon their lands to pay the costs of construction of the ditch.
Read the full summary
Appeal from Mississippi Chancery Court; J. H. Bdtvards, Special Chancellor; statement by the court. This is a suit in equity instituted by appellants to restrain the construction of a public ditch and to cancel, as clouds upon their titles, the assessments levied upon their lands to pay the costs of construction of the ditch. At the July term, 1905, of the county court of Mississippi County a petition was presented to said court for the establishment of a drainage district to construct a public ditch in accordance with the laws of the State along the route described in the petition. The…
1Opinion of the Court
McCueeoch, J.,
(after stating the facts.) The statute upon which the proceedings for the establishment of the drainage district and the construction of the public ditch are based provides that the county court of -any county shall have power, upon petition of landowners, to establish drainage districts for the construction of ditches; that, upon the filing of such petition with bond, viewers shall be appointed to make preliminary survey of the line of the .proposed ditch and to report whether the proposed improvement is necessary, practicable and conducive to public health, convenience, etc.;…
2Cases cited8 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Spencer v. MerchantSupreme Court of the United States · 1888
- Parsons v. District of ColumbiaSupreme Court of the United States · 1898
- Spencer v. . MerchantNew York Court of Appeals · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Moore v. Board of DirectorsSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. Board of Directors of Levee District No. 2Supreme Court of Arkansas · 1912
- Board of Directors v. DunbarSupreme Court of Arkansas · 1913
- Craig v. Russellville Waterworks Improvement DistrictSupreme Court of Arkansas · 1907
21 more not listed; retrieve them via the Exa API.