Little Rock & Fort Smith Railway Co. v. Huggins
Supreme Court of Arkansas
Appeal from Frauldiu Circuit Court, Ozark District. Jephtha H. Evans, Judge. The assessment is void and illegal even under the terms of the act. The act is unconstitutional, because the tax is not uniform. 25 Ark. 295; 32 Ark. 38; Cooley, Const. Lim. 515; Const, of Ark. art. 16, § 5. The attempted description of the land is vague and indefinite.
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Appeal from Frauldiu Circuit Court, Ozark District. Jephtha H. Evans, Judge. The assessment is void and illegal even under the terms of the act. The act is unconstitutional, because the tax is not uniform. 25 Ark. 295; 32 Ark. 38; Cooley, Const. Lim. 515; Const, of Ark. art. 16, § 5. The attempted description of the land is vague and indefinite. This vitiates the whole proceeding. 50 Ark. 489; 31 Ark. 491; 30 Ark. 579. The law attempts to exact an illegal and excessive penalty, and is unenforceable. 56 Ark. 97; Blackwell, Tax Titles, §§ 98 and 99; 31 S. W. 982; 65 N. Y. 521. All requirements…
1Opinion of the CourtHughes, J.
This suit was brought under the provisions and according to the procedure provided in the act of April 15, 1891, being an act to establish fencing districts. The entire complaint is as follows: “The plaintiffs, W. L. Huggins, A. Quesenberry and J. M. Pendergrass, as the fencing board of Fencing District No. 1, for cause of action say that an assessment was made, and the taxes extended, as required by law, against the land situated in said fencing district; that said assessment has not been paid by the owners of the real estate situated in said district, and so assessed, described in Exhibit…
2Cited by6 opinions
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Stiewel v. Fencing District No. 6Supreme Court of Arkansas · 1902
- Morris v. EagleSupreme Court of Arkansas · 1910
- Johnson v. OwenSupreme Court of Arkansas · 1941
- State Ex Rel. Ray v. Paragould & Southeastern Railway Co.Missouri Court of Appeals · 1921
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