Legal Opinion

Rayder v. Warrick

Supreme Court of Arkansas

Decided April 15, 1918PublishedCited by 22 opinions

Appeal from Desha Chancery Court; Z. T. Wood, Chancellor; The order of the county court making the chang-es was void. 123 Ark. 209; 180 111. 151; 40 Atl. 938. 1. The changes made were authorized by the act. Act 338,1915, -%%1 and 16; 130 Ark. 410. 2. The statute was literally complied with. Appellants have no right to complain. No appeal was taken. All the original petitioners were in favor of the chang-es.

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Appeal from Desha Chancery Court; Z. T. Wood, Chancellor; The order of the county court making the chang-es was void. 123 Ark. 209; 180 111. 151; 40 Atl. 938. 1. The changes made were authorized by the act. Act 338,1915, -%%1 and 16; 130 Ark. 410. 2. The statute was literally complied with. Appellants have no right to complain. No appeal was taken. All the original petitioners were in favor of the chang-es. Due notice was given and the court found that a majority of land owners favored the changes and none appealed. STATEMENT OE EACTS. This is a suit in equity by W. R. Rayder, an owner of…

1Opinion of the Court

HART, J.,

(after stating the facts). The road dis-' trict was established under Act 338 of the Acts of 1915. Acts of 1915, p. 1400. Section 16 of the act is relied upon by the commissioners to uphold the validity of the order of the county court authorizing the change from a gravel to an asphalt surface and also the changes in the route of the road. The section reads as follows:

“If the commissioners find it necessary and to the best interest of the district at any time before the improvements are made, to make any alteration or change in the plans and specifications, or the route of the road…

2Cases cited1 opinion

  1. Lamberson v. CollinsSupreme Court of Arkansas · 1916

3Cited by22 opinions

  1. Pritchett v. Road Improvement District No. 3Supreme Court of Arkansas · 1920
  2. Graves v. McConnellSupreme Court of Arkansas · 1924
  3. Booe v. SimsSupreme Court of Arkansas · 1919
  4. Hout v. HarveySupreme Court of Arkansas · 1918
  5. Meyer v. Board of Improvement of Paving District No. 3Supreme Court of Arkansas · 1921

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