Greene County v. Clay County
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Archer Wheatley; Chancellor; 1. The act reduced the territory of Greene County to less than 600 square miles and is unconstitutional and void. The suit was properly brought and in the names of the proper parties. Const. Art. 13, § 1. Proof aliunde was admissible.
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Appeal from Greene Chancery Court; Archer Wheatley; Chancellor; 1. The act reduced the territory of Greene County to less than 600 square miles and is unconstitutional and void. The suit was properly brought and in the names of the proper parties. Const. Art. 13, § 1. Proof aliunde was admissible. The section is self-executing and mandatory and the infraction thereof is addressed to the judiciary. 34 Ark. 224; 27 Id. 202; 33 Id. 497; 35 Id. 56; 80 S. W. 443. See also 17 R. C. L. 972, § 345. Also cite many cases as to usurpation, laches, limitation, etc., but these points are not decided in…
1Opinion of the CourtMcCULLOCH, C. J.
The General Assembly of 1895 enacted a statute detaching the territory constituting Blue Cane township from Greene County and attaching the same to Clay County as a part thereof, the area being properly described by metes and bounds in the statute, which provided also that the township officers should continue in office until their successors were elected and qualified, and that Clay County should be liable to Greene County “for the pro rata amount of the indebtedness of said Greene County existing at the time of the passage of this act equal in proportion to the amount of taxable property of…
2Cases cited8 opinions
- Little v. WilliamsSupreme Court of Arkansas · 1908
- Lusher v. ScitesWest Virginia Supreme Court · 1870
- Zimmerman v. BrooksCourt of Appeals of Kentucky · 1904
- Bittle v. StuartSupreme Court of Arkansas · 1879
- Stephens v. StephensSupreme Court of Arkansas · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stone v. StateSupreme Court of Arkansas · 1973
- Pruitt v. Sebastian County Coal & Mining Co.Supreme Court of Arkansas · 1949
- Helena Water Co. v. HelenaSupreme Court of Arkansas · 1919
- Reed v. HundleySupreme Court of Arkansas · 1945
- House v. Road Improvement District No. 5Supreme Court of Arkansas · 1923
2 more not listed; retrieve them via the Exa API.