Case v. Telling
Michigan Supreme Court
Error to Genesee; Wisner, J. Assumpsit by Charles J. Case, drain commissioner of Genesee county, against William Telling and others, to recover the costs and expenses incurred in certain drain proceedings instituted on defendants’ application, and dismissed on certiorari in the circuit court. From a judgment for defendants on verdict directed by the court, plaintiff brings error.
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Error to Genesee; Wisner, J. Assumpsit by Charles J. Case, drain commissioner of Genesee county, against William Telling and others, to recover the costs and expenses incurred in certain drain proceedings instituted on defendants’ application, and dismissed on certiorari in the circuit court. From a judgment for defendants on verdict directed by the court, plaintiff brings error. The agreed facts in this case are as follows: “This is an action brought by the drain commissioner of Genesee county to recover the costs and expenses incurred in establishing a certain drain, to be called the…
1Opinion of the CourtGrant, J.
(after stating the facts). The drainage statute contains three provisions in regard to liability for costs. 3 How. Stat. § 1740b5, provides that “such applicants shall be jointly and severally liable for all costs and expenses in case the commissioner upon examination, or upon examination and survey, shall determine that the same is unnecessary or impracticable, or in case the proceedings shall be dismissed for other cause.” Section 1740c6 is as follows: “In case the special commissioners or jury shall decide such drain to be unnecessary, they shall so state in their return, and the drain…
2Cases cited2 opinions
- Hall v. PalmerMichigan Supreme Court · 1884
- Rosenstiel v. MillerMichigan Supreme Court · 1893
3Cited by3 opinions
- Parker v. LincolnMichigan Supreme Court · 1897
- Gable v. DealMichigan Supreme Court · 1910
- Huxtable v. KirbyMichigan Supreme Court · 1903