Strack v. Miller
Michigan Supreme Court
Appeal from Monroe; Lockwood, J. Bill by William Strack against John B. Miller, drain commissioner of Monroe county, to enjoin the construction of a drain. From a decree for complainant, defendant appeals.
1Opinion of the CourtMoore, J.
The bill was filed in this case to enjoin defendant from laying out and constructing a new drain on complainant’s lands, on the ground that the petition gave him no jurisdiction to act, because the statute (chapter 3, § 1, of the drain laws), as amended in 1899 (Pub. Acts 1899, Act No. 272), requires five of the ten freeholders who signed the application to be owners of land liable to an assessment for benefits in the construction of said drain, while only four of the signers were so liable, and because there was no drain or watercourse on thedand of complainant, where defendant was seeking…
2Cases cited5 opinions
- Brady v. HaywardMichigan Supreme Court · 1897
- Township of Swan Creek v. BrownMichigan Supreme Court · 1902
- Township of Whiteford v. PhinneyMichigan Supreme Court · 1884
- Campau v. CharbeneauMichigan Supreme Court · 1895
- Bettis v. GeddesMichigan Supreme Court · 1884
3Cited by14 opinions
- Elba Township v. Gratiot County Drain CommissionerMichigan Supreme Court · 2013
- Auditor General v. BoltMichigan Supreme Court · 1907
- Troost v. FellowsMichigan Supreme Court · 1912
- Eyde v. Lansing TownshipMichigan Court of Appeals · 1981
- Township of Clinton v. TeachoutMichigan Supreme Court · 1907
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