State ex rel. Dorgan v. Fisk
North Dakota Supreme Court
Application for writ of prohibition by the state of North Dakota, on the relation of Dennis Dorgan, against Charles J. Fisk, as judge of the District Court of the First judicial district. In the absence of fraud, proceedings of drain commissioners are not open to collateral attack.
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Application for writ of prohibition by the state of North Dakota, on the relation of Dennis Dorgan, against Charles J. Fisk, as judge of the District Court of the First judicial district. In the absence of fraud, proceedings of drain commissioners are not open to collateral attack. Turnquist v. Cass County Drain Commissioners et al., 11 N. D. 514, 94 N. W. 852; Glide v. Superior Court of County of Yolo et al., 81 Pac. 225; Stanley v. Supervisors of the County of Albany, 121 U. S. 535, 30 L. Ed. 1000; Bauman et al. v. Ross et al., 167 U. S. 548, 19 Sup. Ct. Rep. 966; Pittsburg C., C. & St. L.…
1Opinion of the CourtMorgan, C. J.
The board of drain commissioners of Grand Forks county, appointed and acting under chapter 21 of the Revised Codes of 1899, as amended by chapter 80, p. 89, Laws of 1903, instituted proceedings for the establishment of a drain in said county. The board had advertised for bids for the construction of said drain and a day was set for considering bids. Prior to the time for opening such bids 16 land owners whose lands were in the established drainage district commenced an action against the drainage board, praying that it be enjoined from taking any further proceedings in reference to letting…
2Cases cited19 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BackusSupreme Court of the United States · 1894
- Morrill v. MorrillOregon Supreme Court · 1890
- Matter of RyersNew York Court of Appeals · 1878
- State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
- Case v. HoffmanWisconsin Supreme Court · 1898
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3Cited by33 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Lenz v. Coon Creek Watershed DistrictSupreme Court of Minnesota · 1967
- Baker v. LenhartNorth Dakota Supreme Court · 1922
- Chester v. EinarsonNorth Dakota Supreme Court · 1948
- Stahl v. Board of SupervisorsSupreme Court of Iowa · 1920
28 more not listed; retrieve them via the Exa API.