Legal Opinion

Faver v. Wayne

Supreme Court of Arkansas

Decided April 22, 1918PublishedCited by 5 opinions

Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; 1. The district was void. Act 338, Acts 1915; 123 Ark. 205; 86 Id. 1; 55 Id. 148; 48 Id. 308; 75 Id. 120-6, etc. 2. The act being void it could not be cured by the act of 1917. 123 Ark. 205; 118 Id. 119-123; 126 Id. 416; 122 Id. 491; 119 Id. 188. 3. It does not revive or revitalize the void acts of the district. 69 Ark. 68-76; 18 Id. 119; 123 Id. 205. 1. The curative act is valid and cures all defects. 43…

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Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; 1. The district was void. Act 338, Acts 1915; 123 Ark. 205; 86 Id. 1; 55 Id. 148; 48 Id. 308; 75 Id. 120-6, etc. 2. The act being void it could not be cured by the act of 1917. 123 Ark. 205; 118 Id. 119-123; 126 Id. 416; 122 Id. 491; 119 Id. 188. 3. It does not revive or revitalize the void acts of the district. 69 Ark. 68-76; 18 Id. 119; 123 Id. 205. 1. The curative act is valid and cures all defects. 43 Ark. 421; 44 Id. 365; 45 Id. 41; 47 Id. 414; 50 Id. 298; 58 Id. 117; 62 Id. 79; 85 Id. 525; 90 Id. 339; 83 Id. 348; 84 Id.…

1Opinion of the CourtWood, J.

Road Improvement District No. 7 was organized under what is known as the Alexander Road Law (Act 338 of the Acts of 1915), before that law was construed by this court in Lamberson v. Collins, 123 Ark. 205. The district was invalid because of a failure to comply with the provisions of the first section of the Alexander act as construed in Lamberson v. Collins, supra. In 1917 the Legislature passed the following act: Act 115:

“An act to cure all irregularities in the organization of Road Improvement District No. 7 of Pulaski County, and to establish, the same as a road improvement district under…

2Cases cited1 opinion

  1. Lamberson v. CollinsSupreme Court of Arkansas · 1916

3Cited by5 opinions

  1. Carle v. GehlSupreme Court of Arkansas · 1937
  2. Earle Road Improvement District No. 6 v. JohnsonSupreme Court of Arkansas · 1920
  3. Allen v. Harmony Grove Consolidated School District No. 19Supreme Court of Arkansas · 1927
  4. Southern Surety Co. v. Dardanelle Road Improvement District No. 1Supreme Court of Arkansas · 1925
  5. Howington v. FriendSupreme Court of Arkansas · 1933

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