Martin v. Tyler
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Three actions by Terence Martin — one against Evan S. Tyler and others, as drainage commissioners of Cass County, N. D.; one against George Nichols, as treásurer of such county, and another; and the other against H. L. Stafford and others, county commissioners of such county — for injunctions. From a judgment in each case overruling a demurrer to the answer, plaintiff appeals.
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Appeal from District Court, Cass County; McConnell, J. Three actions by Terence Martin — one against Evan S. Tyler and others, as drainage commissioners of Cass County, N. D.; one against George Nichols, as treásurer of such county, and another; and the other against H. L. Stafford and others, county commissioners of such county — for injunctions. From a judgment in each case overruling a demurrer to the answer, plaintiff appeals. The act Ch. 55, Laws 1893, is in conflict with § 61 of the constitution. State v. Smith, 35 Minn. 237; Tingue v. Port Chester, 101 N. Y. 294; State v. Nomland, 3 N.…
1Opinion of the Court
Bartholomew, . C. J.
Theses cases have been submitted together. They are brought by the same plaintiff against different defendants, but to accomplish one purpose, and that purpose is to relieve plaintiff from the payment of a certain assessment laid upon his land, under the drainage law hereafter mentioned. The first action is against the drain commissioners of Cass County, and asks that they be perpetually enjoined from constructing a certain drain in said county, which they had caused to be established and partially constructed, and had assessed a certain per cent, of the cost of said drain…
2Cases cited59 opinions
- Spencer v. MerchantSupreme Court of the United States · 1888
- United States v. JonesSupreme Court of the United States · 1883
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- Claiborne County v. BrooksSupreme Court of the United States · 1884
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3Cited by49 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- State Ex Rel. Johnson v. BakerNorth Dakota Supreme Court · 1945
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- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
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