Alstad v. Sim
North Dakota Supreme Court
Appeal from District'Court, Traill county; But he, J. Action by J. K. Alstad and others against Joseph Sim and others. Judgment for defendants, and plaintiffs appeal. The Board of Drain Commissioners is an inferior tribunal of limited jurisdiction, possessing only powers conferred by statute. Witte v. Curtis, 56 N. W. 475; Kemp v. Adams, 73 N. E. 590; Rutherford v. Maynes, 97 Pa. St. 78. An assessment pursuant to unauthorized proceedings is void.
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Appeal from District'Court, Traill county; But he, J. Action by J. K. Alstad and others against Joseph Sim and others. Judgment for defendants, and plaintiffs appeal. The Board of Drain Commissioners is an inferior tribunal of limited jurisdiction, possessing only powers conferred by statute. Witte v. Curtis, 56 N. W. 475; Kemp v. Adams, 73 N. E. 590; Rutherford v. Maynes, 97 Pa. St. 78. An assessment pursuant to unauthorized proceedings is void. Morrie v. Merrel, 62 N. W. 865; Kemp v. Adams, supra; Kenyon v. Board of Supervisors, 101 N. W. 851; Whitney v. Village of Hudson, 37 N. W. 184;…
1Opinion of the CourtMorgan, C. J.
On the 11th day of May, 1904, a petition for a drain, regular in form, was presented to the drainage board of Traill county for the establishment of a drain in said county. Subsequently the board acted upon said petition and regularly made an order establishing the drain as petitioned for. The ditch or drain thus duly established was two and a half miles in length and ran along section lines on which was a regular highway, and the drain was designated as “Alfred Munter Drain No. 6.” Everything in connection with the establishment of this drain was regular, and nothing is urged against it that…
2Cases cited8 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- State ex rel. Dorgan v. FiskNorth Dakota Supreme Court · 1906
- Oliver v. Monona CountySupreme Court of Iowa · 1902
- Moore v. McIntyreMichigan Supreme Court · 1896
- Patterson v. BaumerSupreme Court of Iowa · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chester v. EinarsonNorth Dakota Supreme Court · 1948
- Sim v. RosholtNorth Dakota Supreme Court · 1907
- Hackney v. ElliottNorth Dakota Supreme Court · 1912
- Ellison v. City of La MoureNorth Dakota Supreme Court · 1915
- Bilsborrow v. PierceSupreme Court of Minnesota · 1907
6 more not listed; retrieve them via the Exa API.