Freeman v. Trimble
North Dakota Supreme Court
Appeal from tbe District Court of McHenry county; Templeton, J., by request. Action to restrain tbe joint board of drain commissioners of McHenry and Bottineau counties. Order restraining joint drain board granted. Defendants appeal. Drainage boards can construct drains, and for outlets may go beyond their territorial limits, and expend money, the benefits at all times to exceed the expenses. 28 Cyc. Law & Proc. p. 954; 10 Am. & Eng. Enc. Law, p. 247; 1 Dill. Mun.
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Appeal from tbe District Court of McHenry county; Templeton, J., by request. Action to restrain tbe joint board of drain commissioners of McHenry and Bottineau counties. Order restraining joint drain board granted. Defendants appeal. Drainage boards can construct drains, and for outlets may go beyond their territorial limits, and expend money, the benefits at all times to exceed the expenses. 28 Cyc. Law & Proc. p. 954; 10 Am. & Eng. Enc. Law, p. 247; 1 Dill. Mun. Corp. 446; Tiedeman Mun. Corp. 201 & 294; Elliott, on Eoads & Streets, 505; 2 Lewis’s Sutherland, Stat. Constr. 508 '& 511; People…
1Opinion of the Court
Morgan, Ch. J.
This action involves the validity and legality of a drainage project instituted under chapter 23, Rev. Codes 1905, as amended by chapter 93 of the Laws of 1907. The plaintiffs are residents and freeholders of McHenry county, whose lands will be affected by the construction of the proposed drain. The defendants are members of the board of drainage commissioners of the county of McHenry and the members of the board of drainage commissioners of the county of Bottineau, acting as a joint drainage board of said counties, through both of which counties the proposed drain passes.
The…
2Cases cited17 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- McBean v. City of FresnoCalifornia Supreme Court · 1896
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- Washer v. Bullitt CountySupreme Court of the United States · 1884
- The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
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3Cited by6 opinions
- Birge v. Town of EastonCourt of Appeals of Maryland · 1975
- McHenry County v. BradyNorth Dakota Supreme Court · 1917
- Barnes v. Cass CountyNorth Dakota Supreme Court · 1929
- Burlington Northern & Santa Fe Railway Co. v. Benson County Water Resource DistrictNorth Dakota Supreme Court · 2000
- McHenry County v. BradyNorth Dakota Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.