Legal Opinion

Lewis County v. McCutcheon

Washington Supreme Court

Decided June 3, 1909No. 8007PublishedCited by 1 opinion

Appeal from a judgment of the superior court for Lewis county, Rice, J., entered October 24, 1908, upon findings in-favor of the plaintiff, in an action to appropriate and condemn rights of way for a drainage ditch and to determine the-compensation to be paid therefor.

1Opinion of the CourtMorris, J.

In the year 1893, Lewis county constructed and completed, except the acquisition of rights of way, what is known as the Joel Stearns ditch. The work was done under the Laws of 1890, page 652, chapter 21, which act was-held unconstitutional by this court in Aslcam v. Kmg County, 9 Wash. 1, 36 Pac. 1097. In 1895 an act providing for the payment of expenses incurred in compliance with the void act of 1890, being Laws of 1895, page 142, chapter 79, was. passed by the legislature, declaring an emergency, which act was approved March 19, 1895. Under the latter act, this, proceeding was commenced to…

2Cases cited9 opinions

  1. Askam v. King CountyWashington Supreme Court · 1894
  2. Lewis County v. GordonWashington Supreme Court · 1898
  3. State ex rel. Latimer v. HenryWashington Supreme Court · 1902
  4. Espy Estate Co. v. Pacific CountyWashington Supreme Court · 1905
  5. Frye v. Town of Mount VernonWashington Supreme Court · 1906

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3Cited by1 opinion

  1. Pennichuck Corp. v. City of NashuaSupreme Court of New Hampshire · 2005

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