Clay v. Pennoyer Creek Improvement Co.

Maeston, J:

Defendant in error is a corporation formed under ‘‘An act to authorize the formation of corporations for the purpose of improving the navigation of rivers,” approved April*. 5th, 1869, being chapter 85 of the Oomp. Laws.

Upon the 10th day of January, 1876, a petition was filed, on behalf of said corporation in the'probate court of Newaygocounty, praying the court to appoint three commissioners to> ascertain and determine whether it was necessary to the-public interests to take certain lands therein described, owned by David P. Clay, for the purpose proposed in said petition, and if…