Tomlin v. Newcomb
Michigan Supreme Court
Appeal from Eaton. (Hooker, J.) Bill to enjoin the construction of a township drain. Complainants appeal from a decree dismissing bill on general demurrer. The facts are-stated- in the opinion.
1Opinion of the CourtSherwood, C. J.
The defendant is township drain commissioner, in the township of Kalamo, in the county of Eaton.
Complainants file their bill in this case to perpetually enjoin him from continuing the construction of a drain through their lands and over the same line and route where one was duly laid out and constructed in 1877 by the county drain commissioner, known as the “Fairfax.County Drain,” and for which the complainants at that time released the right of way, and were taxed to aid in its construction. Said Fairfax drain has never been taken up,vacated, or discontinued, but has been continued down to…
2Cited by8 opinions
- Brady v. HaywardMichigan Supreme Court · 1897
- State ex rel. Marshall v. BuggSupreme Court of Missouri · 1909
- White v. PalmerMichigan Supreme Court · 1925
- Zabel v. HarshmanMichigan Supreme Court · 1889
- Township of Imlay v. WurzelMichigan Supreme Court · 1932
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