State ex rel. Parker v. Stonehouse Drainage District, No. 1

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment temporarily enjoining the defendants from proceeding with the construction of certain projected levies and improvements in a drainage district in Jefferson county.

The state’s objection to the project was that defendants had set about the undertaking without obtaining the approval of the chief engineer of the division of water resourcés and in disregard of the statute which makes his approval a condition precedent thereto.

Defendants joined issues by raising a question of law — that the statute which…