Roberts v. Smith
Michigan Supreme Court
Error to Livingston; Davis, J., presiding. Certiorari by Jerry Roberts to review the action of Timothy Smith, drain commissioner of Livingston county, in laying out and establishing a drain. From a judgment sustaining the proceedings, plaintiff brings error.
1Opinion of the CourtHooker, J.
We are asked to review the judgment of the circuit court in relation to drain proceedings, brought before it by certiorari to the drain commissioner, the circuit court having affirmed them. Counsel discuss' two questions, viz., the constitutionality of the drain law, and the qualifications of the commissioners to act. We have held that the drain law of 1885 is constitutional. Gillette. McLaughlin, 69 Mich. 547; Smith v. Carlow, 114 Mich. 67. Counsel treat that question as settled, and have discussed only such questions as are based on the amendments to that law. The principal objection made…
2Cases cited13 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Matter of RyersNew York Court of Appeals · 1878
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Gilman v. City of SheboyganSupreme Court of the United States · 1863
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3Cited by12 opinions
- Wikman v. City of NoviMichigan Supreme Court · 1982
- Elba Township v. Gratiot County Drain CommissionerMichigan Supreme Court · 2013
- State ex rel. Harris v. HansonNebraska Supreme Court · 1908
- Hinkley v. BishoppMichigan Supreme Court · 1908
- Harmon v. BolleyIndiana Supreme Court · 1918
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