St. Louis, I. M. & S. Ry. Co. v. Dudgeon
Decision Date | 08 May 1897 |
Parties | ST. LOUIS, I. M. & S. RY. CO. v. DUDGEON et al. |
Court | Arkansas Supreme Court |
Appeal from circuit court, Clay county; Felix G. Taylor, Judge.
Action by Joseph Dudgeon and others against the St. Louis, Iron Mountain & Southern Railway Company. Decree for plaintiffs, and defendant appeals. Reversed.
Dodge & Johnson, for appellant. G. B. Oliver, for appellees.
The "Ditching Act," comprising sections 1203-1232, inclusive, of Sandels & Hill's Digest, under which this case arose, confers upon the several county courts of the state special jurisdiction to cause to be established and made public ditches in their respective counties, as therein directed and provided. The act itself is entitled "An act to enable the owners of lands to drain them and reclaim them when the same cannot be done without affecting the lands of others, prescribing the powers and duties of county courts and other officers in the premises, and to provide for the repair and enlargement of such drains." The first section of the act empowers the county court, at any regular session, to cause to be constructed, as the same provides, any ditch or drain within the county, "when the same shall be conducive to the public health or welfare, or when the same will be of public benefit or utility." Section 30 of the act is in this language: This section, in effect, cuts off all collateral attacks upon the orders of the county court establishing the ditch, on account of any mere defects or irregularities of proceedings prior to making of such order. It is not, however, to be conceived that the legislature intended to cut off all inquiry into jurisdictional facts, even on collateral attack. Grimmett v. Askew, 48 Ark. 151, 2 S. W. 707. The complaint in this case, omitting the merely formal facts, is as follows: That ...
To continue reading
Request your trial-
Driver v. Moore
...or as to its contents further than the recitals of the order of the county court. This court held, in St. Louis, Iron Mountain & Southern Ry. Co. v. Dudgeon, 64 Ark. 109, 40 S. W. 786, that the filing of a petition signed by one or more persons whose property is to be affected by the propos......
- St. Louis, Iron Mountain & Southern Railway Co. v. Dudgeon