In re Cranberry Creek Drainage District
Wisconsin Supreme Court
Arpead from an order of the circuit court for Wood county: Cha.s. M. Webb, Circuit Judge. This is a special proceeding under sections 1379 — 11 to 1379 — 39, Stats. 1898, and acts amendatory thereof. A petition for the organization and establishment of a drainage district was filed, and an order made by the court fixing' the time of Rearing.
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Arpead from an order of the circuit court for Wood county: Cha.s. M. Webb, Circuit Judge. This is a special proceeding under sections 1379 — 11 to 1379 — 39, Stats. 1898, and acts amendatory thereof. A petition for the organization and establishment of a drainage district was filed, and an order made by the court fixing' the time of Rearing. Thereafter and on August 8, 1904, three •commissioners were appointed, two of whom, it is admitted, were owners of lands within the boundaries of the proposed district. After due notice given, the commissioners presented their report to the court for…
1Opinion of the CourtKeRwiit, J.
The only question necessary to be considered upon this appeal is whether the two commissioners owning land within the proposed district were competent to act as commissioners.
1. It is contended on the part of the appellant that sucE ■commissioners were disqualified upon common-law principles *100and also by tbe express language of the statute. The statute provides (sec. 1379 — 13, Stats. 1898) that the court “shall appoint three competent persons as commissioners,” and tire question arises whether commissioners who own land within the drainage district are competent. Counsel for appellant…
2Cases cited9 opinions
- State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
- State ex rel. Starkweather v. Common Council of the City of SuperiorWisconsin Supreme Court · 1895
- People ex rel. Samuel v. CooperIllinois Supreme Court · 1891
- King's Lake Drainage & Levee District v. JamisonSupreme Court of Missouri · 1903
- In re Estate of PachecoCalifornia Supreme Court · 1863
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3Cited by4 opinions
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- Less Land Co. v. FenderSupreme Court of Arkansas · 1915
- Regie De L'Assurance Automobile Du Quebec v. JensenCourt of Appeals of Minnesota · 1986
- Hamilton v. Board of County CommissionersOhio Supreme Court · 1923