Stoltze v. Sheridan
North Dakota Supreme Court
Appeal from the District Court of Renville County, Leighton, J. Action to enjoin the construction of a drain. Judgment for defendants quashing a temporary injunction. Plaintiff appeals. The petition in conformity with the statute, signed by the requisite number of citizens, is the foundation of the jurisdiction of the drain board to act.
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Appeal from the District Court of Renville County, Leighton, J. Action to enjoin the construction of a drain. Judgment for defendants quashing a temporary injunction. Plaintiff appeals. The petition in conformity with the statute, signed by the requisite number of citizens, is the foundation of the jurisdiction of the drain board to act. Alstad v. Sim, 15 N. D. 629, 109 N. W. 66. Unless the petition conforms strictly to the requirements of the statute, the board is without jurisdiction. State ex rel. Bale v. Morrison, 24 N. D. 568, 140 N. W. 707. And there is no presumption of jurisdiction.…
1Opinion of the CourtBruce, J.
This is an appeal from an order vacating and setting •aside a temporary injunction restraining proceedings for the creation of a sewer under the provisions of chapter 23, Bev. Codes 1905, as amended by chapter 93 of the Laws of 1907 and chapter 124 of the Laws of 1911.
The first and main question which is to be decided in this case is whether a drainage or sewerage system may be created under §§ 1818 and 1821, Bev. Codes 1905, which system the petition alleges “is for the best interests of the city (of Mohall) and a benefit to the health, convenience, and welfare of the people of said city,”…
2Cases cited1 opinion
- State ex rel. Bale v. MorrisonNorth Dakota Supreme Court · 1913
3Cited by1 opinion
- Northern Pacific Railway Co. v. Richland CountyNorth Dakota Supreme Court · 1914