Swepston v. Avery
Supreme Court of Arkansas
Appeal -from Crittenden Guaneery Court; Charles D. Frierson, Cbaneellor; 1. Our -Constitution oonfer-s exclusive jurisdiction .as to taxes, roads and bridges, etc., upon tbe county court. Art. 7, § 28, -and Amend. No. 5, Kirby’s Dig., § § 7227-8, 7273. 2. The act in question is unconstitutional and void, as an attempt to usurp the jurisdiction of the county court and vest it in a board created by the Legislature.
Read the full summary
Appeal -from Crittenden Guaneery Court; Charles D. Frierson, Cbaneellor; 1. Our -Constitution oonfer-s exclusive jurisdiction .as to taxes, roads and bridges, etc., upon tbe county court. Art. 7, § 28, -and Amend. No. 5, Kirby’s Dig., § § 7227-8, 7273. 2. The act in question is unconstitutional and void, as an attempt to usurp the jurisdiction of the county court and vest it in a board created by the Legislature. It is also void because it lays off, practically, the whole county into one district and determines and declares in advance that all the real estate in the whole 'district…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellant in the 'Chancery court of Crittenden County, attacking the validity of a road improvement district formed in that county by ¡a special act passed by the 'Genera! Assembly of 1913, the title of said act being “to create the Crittenden County Road Improvement District. ’ ’* The first section provides that :a! of Crittenden County west of the center of the main channel of the Mississippi River, except seven sections properly described, lying in the northwest comer of the county, is organized into an improvement district to be known as “Crittenden County…
2Cases cited9 opinions
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Kirst v. Street Improvement District No. 120Supreme Court of Arkansas · 1908
- Road Improvement District No. 1 v. GloverSupreme Court of Arkansas · 1909
- Cox v. Road Improvement District No. 8Supreme Court of Arkansas · 1915
- Rector v. Board of ImprovementSupreme Court of Arkansas · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sallee v. DaltonSupreme Court of Arkansas · 1919
- Bennett v. JohnsonSupreme Court of Arkansas · 1917
- Nall v. KelleySupreme Court of Arkansas · 1915
- Johns v. Road Improvement DistrictsSupreme Court of Arkansas · 1920
- Road Improvement Districts 1, 2 & 3 v. CrarySupreme Court of Arkansas · 1922
5 more not listed; retrieve them via the Exa API.