Legal Opinion

Drainage Commissioners of Drainage District No. 2 v. Drainage Commissioners of Union Drainage District No. 3

Appellate Court of Illinois

Decided March 16, 1904Published

Proceeding under section 43 of the Farm Drainage Act. Appeal from the Circuit Court of Douglas County; the Hon. William Q-. Cochran, Judge, presiding. Heard in this court at the May term, 1903.

1Opinion of the Court

Mr. Presiding Justice Baume

delivered the opinion of the court.

Appellees in this suit seek to recover from appellants under the provisions of section 42 of the Farm Drainage Act, such amount as the lands in appellant district and not in appellee district would have been assessed for benefits, if such lands had been in appellee district, by reason of the connection by the appellant district of its main and lateral ditches with appellees’ outlet ditch; or the cost of the enlargement of appellees’ outlet ditch made necessary by such connection of appellants’ ditches therewith. To the declaration,…

2Cases cited2 opinions

  1. Consolidated Coal Co. v. ScheiberIllinois Supreme Court · 1897
  2. Drainage Commissioners of District No. 1 of Young America v. Drainage Commissioners of District No. 7 of ShilohAppellate Court of Illinois · 1900

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