State ex rel. Bale v. Morrison
North Dakota Supreme Court
Appeal from a judgment of tbe District Court for Eansom County, Allen> J. Tbe drainage board bas no authority upon petition for a drain by citizens of one municipality, to make assessments for drain in sucb municipality, against another municipality, in tbe absence of signatures to tbe petition of citizens of tbe municipality sought to be assessed.
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Appeal from a judgment of tbe District Court for Eansom County, Allen> J. Tbe drainage board bas no authority upon petition for a drain by citizens of one municipality, to make assessments for drain in sucb municipality, against another municipality, in tbe absence of signatures to tbe petition of citizens of tbe municipality sought to be assessed. Rev. Codes 1905, § 1821. Tbe term, “public demand for drain,” bas a restricted meaning, and relates only to tbe citizens of tbe municipality represented on tbe petition. Rev. Codes 1905, Sec. 1821; Lake Erie & W. R. Co. v. Hancock County, 63 Obio…
1Opinion of the Court
Spalding, Ch. J.
June 24, 1909, a petition was filed with tbe board of drain commissioners of Ransom county for tbe construction of a drain a little over a mile in length, on sec. 2, in township 134 north, of range 57 west, known as Elliott civil township, in Ransom county. Tbe petition need not be set out at length. It is sufficient to say that it was signed by thirteen citizens, residents and freeholders of Springer and Elliott civil townships, Springer being tbe township north of'Elliott; and represented that “among the leading purposes of the proposed drain are benefits to the health,…
2Cases cited5 opinions
- Brady v. HaywardMichigan Supreme Court · 1897
- Hackney v. ElliottNorth Dakota Supreme Court · 1912
- Aultman, Miller & Co. v. McGradySupreme Court of Iowa · 1882
- Chandler v. HeislerMichigan Supreme Court · 1908
- Edwards v. Cass CountyNorth Dakota Supreme Court · 1912
3Cited by1 opinion
- Stoltze v. SheridanNorth Dakota Supreme Court · 1914