Smith v. Scott

Conley Byrd, Justice.

The issues in this case were before us in Ark. State Highway Comm. v. Scott, 238 Ark. 883, 385 S.W. 2d 636 (1965), wherein we held that the chancellor erred in sustaining a demurrer to the Commission’s evidence. Thereafter, that case became dormant without any further proceedings, order or judgment and the papers have been lost. When the Commission subsequently proposed to reconstruct Highway 71, adjacent to the Scotts’ lands, the latter brought this action to enjoin the Commission from entering upon the 23 foot strip in dispute until compensation was paid or secured. In…