Gable v. Deal
Michigan Supreme Court
Error to Allegan; Padgham, J. Assumpsit by Elmer E. Gable and Philip W. Burgess, drain commissioners respectively of Allegan and Barry counties, against Joseph Deal and others for costs incurred in certain drain proceedings. There -was judgment for plaintiffs, and defendants bring error.
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Error to Allegan; Padgham, J. Assumpsit by Elmer E. Gable and Philip W. Burgess, drain commissioners respectively of Allegan and Barry counties, against Joseph Deal and others for costs incurred in certain drain proceedings. There -was judgment for plaintiffs, and defendants bring error. Plaintiffs, as drain commissioners of Allegan and Barry counties, respectively, brought this suit against defendant Deal, and 22 others, to recover from them the costs incurred by plaintiffs in proceedings to establish a drain through said counties. The statute (section 4319, 2 Comp. Laws) provides: “Such…
1Opinion of the CourtGbant, J.
(after stating the facts). The proceedings were instituted upon the petition of the defendants. The plaintiffs and their predecessors in office proceeded upon the second petition regularly until enjoined by the court of equity. The failure to construct the drain was not due to any fault of the plaintiffs or their predecessors. The defendants, the petitioners, are therefore liable for the costs. Among the items included in the judgment are $173.50 for the services of the surveyor, rendered under the first petition, and $163.50 to Mr. Baker, the then drain commissioner, for services rendered…
2Cited by1 opinion
- Gable v. DealMichigan Supreme Court · 1910