Roethke v. Bauer
Michigan Supreme Court
Error to Saginaw; Brown (Clarence M.), J. Petition by Emil Roethke, drain commissioner of Saginaw county, against Henry H. Bauer and another for the establishment of a drain. The proceedings were sustained in the probate court, and defendants appealed to the circuit court. Judgment for defendants. Plaintiff brings error.
1Opinion of the CourtBird, J.
Plaintiff, in pursuance of a petition duly signed and filed with him, located a* drain, to be known as the “Universal Drain,” in the townships of Zilwaukee, Carrollton, arid Saginaw, in the county of Saginaw. It was laid out through lands owned by defendants. They refused to release the right of way. Their retusal made it necessary for plaintiff to petition the probate court to appoint special commissioners to determine the necessity of the drain and award just compensation to defendants for their damages. This was done and a hearing ordered. At the hearing defendants appeared by counsel and…
2Cases cited1 opinion
- Chandler v. HeislerMichigan Supreme Court · 1908
3Cited by1 opinion
- Eddy v. WalkerMichigan Supreme Court · 1921