St. Louis, Iron Mountain & Southern Railway Co. v. Maple Slough Drainage District
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; D. H. Coleman, Judge; 1. The order granting the appeal was made in time and it was error to dismiss the appeal. Acts 1909, p. ¡837, § 7. The appeal was prayed and granted within the twenty days. 2. The general statute, Kirby’s Digest, § 1487, applies here except insofar as modified as to the time by the act of 1909, supra. The right of appeal is constitutional and cannot be destroyed by the Legislature.
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Appeal from Jackson Circuit Court; D. H. Coleman, Judge; 1. The order granting the appeal was made in time and it was error to dismiss the appeal. Acts 1909, p. ¡837, § 7. The appeal was prayed and granted within the twenty days. 2. The general statute, Kirby’s Digest, § 1487, applies here except insofar as modified as to the time by the act of 1909, supra. The right of appeal is constitutional and cannot be destroyed by the Legislature. Article 7, section 14, Constitution 1874. See also section 33, lb. The substantial part of the opinion in 117 Ark. 292 is obiter. See 76 Ark. 184, 192; 95…
1Opinion of the CourtHumphreys, J.
Maple Slough Drainage District was organized in Jackson County under Act 279 of the Session Acts of 1909, providing for the creation of drainage districts in this State. Exceptions were filed by appellants to the assessment of benefits, which exceptions were overruled by the county court of said county, on the 20th day of November, 1916. Ten days thereafter appellants filed an affidavit and prayer for appeal, which was not presented and acted upon by the court until the 8th day of January, 1917, the second day of the next term of court, at which time an appeal was granted by the county court…
2Cases cited6 opinions
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
- Walker v. NollSupreme Court of Arkansas · 1909
- Matthews v. LaneSupreme Court of Arkansas · 1898
- Speed v. FrySupreme Court of Arkansas · 1910
- McCreary v. RogersSupreme Court of Arkansas · 1880
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3Cited by6 opinions
- Golden v. Green Bay Metropolitan Sewerge DistrictWisconsin Supreme Court · 1933
- Vietz v. Hazen, Lagrue & Slovak Road Improvement DistrictSupreme Court of Arkansas · 1919
- Taylor v. Board of Commissioners of Cache River Drainage District No. 2Supreme Court of Arkansas · 1922
- Covington v. ShacklefordSupreme Court of Arkansas · 1953
- Lamberson v. Board of Commissioners of Drainage District No. 16Supreme Court of Arkansas · 1921
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