McHenry County v. Brady
North Dakota Supreme Court
Action to enjoin the further construction of a proposed drain, and to declare null and void all acts and doings in connection therewith and the levying of taxes and assessments therefor. Appeal from the District Court of McHenry County, Honorable Charles M. Cooley, Special Judge. Judgment for defendants. Plaintiffs appeal.
Read the full summary
Action to enjoin the further construction of a proposed drain, and to declare null and void all acts and doings in connection therewith and the levying of taxes and assessments therefor. Appeal from the District Court of McHenry County, Honorable Charles M. Cooley, Special Judge. Judgment for defendants. Plaintiffs appeal. Statement of facts by Bruce, Ch. J. This is an action brought to restrain and enjoin the further construction or maintenance of a certain drain known as Mouse river drain No. 9, and that the acts and deed of defendants in connection with the establishment and construction…
1Opinion of the Court
Bruce, Ch. J.
(after stating the facts as above). The drainage proceedings involved in this controversy have already been before this court in the case of Freeman v. Trimble, 21 N. D. 1, 129 N. W. 83. It was there held that:(1) The joint boards of drain commissioners have power to secure an outlet to drains established within their district, in foreign territory, where a public necessity exists for securing such outlets.(2) Where it is necessary to- improve, deepen, or widen the channel or bed of a river in this state in order to drain flooded lands, and the deepening and widening of such…
2Cases cited20 opinions
- Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
- Virginia v. TennesseeSupreme Court of the United States · 1893
- Holmes v. JennisonSupreme Court of the United States · 1840
- Louisiana v. TexasSupreme Court of the United States · 1900
- Stearns v. MinnesotaSupreme Court of the United States · 1900
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States Steel Corp. v. Multistate Tax CommissionSupreme Court of the United States · 1978
- Colgate-Palmolive Company v. DorganNorth Dakota Supreme Court · 1974
- General Expressways, Inc. v. Iowa Reciprocity BoardSupreme Court of Iowa · 1968
- Lemer v. KobleNorth Dakota Supreme Court · 1957
- Stark v. Heart River Irrigation DistrictNorth Dakota Supreme Court · 1951
5 more not listed; retrieve them via the Exa API.