Sturm v. Kelly
Michigan Supreme Court
Error to Bay; Maxwell, J. Certiorari by George M. Sturm to review the action of John A. Kelly, drain commissioner of Bay county, in laying out and establishing a drain. From a judgment sustaining the proceedings, petitioner brings error. A petition for the location and establishment of a drain three miles in length was presented to -the respondent.
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Error to Bay; Maxwell, J. Certiorari by George M. Sturm to review the action of John A. Kelly, drain commissioner of Bay county, in laying out and establishing a drain. From a judgment sustaining the proceedings, petitioner brings error. A petition for the location and establishment of a drain three miles in length was presented to -the respondent. He made the proper survey, and located and established the drain, but did not follow the exact survey set forth in the application. He located it so as to utilize an old drain or water-course, which he ordered to be cleaned out from a point where…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. The important question is the first one. The petition to the commissioner did not ask for the cleaning óut of an established drain, and it is urged that the commissioner obtained no jurisdiction to make this part of the order. The respondent makes the following return upon this point:
‘ ‘ Said established drain is the natural outlet of the waters to be drained by said Behmlander drain which are situated north of the Salzburg road; and there is no feasible outlet for said last-mentioned waters in 'the direction of Squaconning creek, except through said established…
2Cases cited1 opinion
- Hauser v. BurbankMichigan Supreme Court · 1898
3Cited by4 opinions
- Prichard v. Board of SupervisorsSupreme Court of Iowa · 1911
- Toth v. Waterford TownshipMichigan Court of Appeals · 1978
- White v. PalmerMichigan Supreme Court · 1925
- Harris v. BoutwellMichigan Supreme Court · 1909