Tims v. Mack
Supreme Court of Arkansas
(1) Appeal from Jackson Chancery Court; L. F. Reeder, Chancellor; (2) Appeal from Jackson Circuit Court; D. II. Coleman, Judge; 1. Acts 82 and 55, Acts 1919, are arbitrary and void, and act 266 is invalid for reasons set forth in act 82. Act 82 was passed without notice in violation of § 26, article 5, Constitution 1874. It is invalid because it atempts to create more than one district and is in violation of the Fourteenth Amendment to United States Constitution.
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(1) Appeal from Jackson Chancery Court; L. F. Reeder, Chancellor; (2) Appeal from Jackson Circuit Court; D. II. Coleman, Judge; 1. Acts 82 and 55, Acts 1919, are arbitrary and void, and act 266 is invalid for reasons set forth in act 82. Act 82 was passed without notice in violation of § 26, article 5, Constitution 1874. It is invalid because it atempts to create more than one district and is in violation of the Fourteenth Amendment to United States Constitution. The assessment of benefits is largely in excess of the assessment against' other property similarly located. The assessment as a…
1Opinion of the CourtMcCulloch, C. J.
These two cases, which have been briefed together for convenience, involve an attack on a special statute ratifying and confirming assessments of benefits to the lands in a road district in Jackson County, designated as “Arkansas and Missouri Highway Districts in Jackson County,” and also involving an attack on the action of .the board of commissioners of said district in selecting the route of the road to be improved.
' The district was created by Act No. 82, at the regular session of the General Assembly of 1919, vol. 1, Road Acts, p. 134. Section 4 of that statute authorizes the…
2Cases cited9 opinions
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Moore v. Board of DirectorsSupreme Court of Arkansas · 1911
- St. Louis Southwestern Railway Co. v. Board of DirectorsSupreme Court of Arkansas · 1907
- Salmon v. Board of Directors of Long Prairie Levee DistrictSupreme Court of Arkansas · 1911
- Sudberry v. GravesSupreme Court of Arkansas · 1907
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3Cited by4 opinions
- House v. Road Improvement District No. 2Supreme Court of Arkansas · 1923
- Rosa v. NavaCourt of Appeals of Kentucky (pre-1976) · 1930
- Kansas City Southern Railway Co. v. Road Improvement District No. 3Supreme Court of Arkansas · 1922
- Road Improvement District No. 6 v. St. Louis-San Francisco RailroadSupreme Court of Arkansas · 1924