Lipes v. Hand

The appellees, proceeding under the act of April 8th, 1881, petitioned for the establishment of a ditch, and their petition was resisted by the appellants.

The point first made is that the circuit court had no jurisdiction of the subject-matter, and that its proceedings are-void. One reason stated in support of this contention is that the petition seeks to deepen and straighten a river, and that the circuit court has no jurisdiction in such matters. The-statute supplies a full answer to this contention, for it expressly provides that natural streams may be straightened, widened and deepened.…