Chicago, Milwaukee & St. Paul Railway Co. v. Lemonweir River Drainage District
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Monroe county: J. J. Ebuit, Circuit Judge. The appeal is from an order sustaining a demurrer to- the complaint.
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Appeal from an order of tbe circuit court for Monroe county: J. J. Ebuit, Circuit Judge. The appeal is from an order sustaining a demurrer to- the complaint. The complaint averred the corporate existence of the plaintiff and its ownership of a railway, the corporate existence of the defendant as a drainage district, the institution of proceedings for the appointment of commissioners to examine and report upon the feasibility of draining certain lands through which the railroad of the plaintiff passed, and the making of a report by the commissioners on December 12, 1902, including a list of…
1Opinion of the CourtTiMx.nr, J.
The drainage district was organized under secs. 1379 — 11 to 1379 — 31, Stats. (1898), prior to the amendment of this law by ch. 419, Laws of 1905. A drainage district organized under that law is declared to be a body corporate with the right to sue and be sued and to have perpetual succession, the commissioners first appointed by the-circuit court and their successors in office to constitute the-corporate authorities of such drainage district and exercise the functions conferred upon them by law and do all things, and perform all acts necessary to the construction and preservation of the…
2Cases cited12 opinions
- Stone v. Little Yellow Drainage DistrictWisconsin Supreme Court · 1903
- Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
- Winkelmann v. Moredock & Ivy Landing Drainage DistrictIllinois Supreme Court · 1897
- Teegarden v. City of RacineWisconsin Supreme Court · 1883
- Jones v. GableMichigan Supreme Court · 1907
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3Cited by4 opinions
- Cranberry Creek Drainage District v. Elm Lake Cranberry Co.Wisconsin Supreme Court · 1920
- Heinz v. BuckhamSupreme Court of Minnesota · 1908
- Rattlesnake Drainage District v. Koshkonong Mud Creek Drainage DistrictWisconsin Supreme Court · 1912
- Chicago, Milwaukee & St. Paul Railway Co. v. Shepard Drainage DistrictWisconsin Supreme Court · 1916