Stoltze v. Sheridan
North Dakota Supreme Court
Appeal from the District Court of Renville County, Leighton, J. Action to enjoin the construction of a drain. Judgment for defendants quashing a temporary injunction. Plaintiff appeals. The petition in conformity with the statute, signed by the requisite number of citizens, is the foundation of the jurisdiction of the drain board to act.
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Appeal from the District Court of Renville County, Leighton, J. Action to enjoin the construction of a drain. Judgment for defendants quashing a temporary injunction. Plaintiff appeals. The petition in conformity with the statute, signed by the requisite number of citizens, is the foundation of the jurisdiction of the drain board to act. Alstad v. Sim, 15 N. D. 629, 109 N. W. 66. Unless the petition conforms strictly to the requirements of the statute, the board is without jurisdiction. State ex rel. Bale v. Morrison, 24 N. D. 568, 140 N. W. 707. And there is no presumption of jurisdiction.…
1Opinion
On Petition for Rehearing.
A petition for a rehearing has been filed in which the claim is made that the finding of the commissioners as to the fact of a public demand is final and conclusive, and cannot be attacked in the injunction proceedings. The contention of counsel in short is that in such a case if the commissioners choose to hold that two and two make six, or that ten out of two hundred and twenty-three is a number in itself sufficient to indicate a popular demand, or to make some other equally grotesque holding, the public and the courts must sit idly by and see an expensive election…
2Cases cited11 opinions
- Scarbrough v. EubankTexas Supreme Court · 1899
- State ex rel. Little v. LanglieNorth Dakota Supreme Court · 1896
- Slingerland v. NortonSupreme Court of Minnesota · 1894
- Greenfield School District v. Hannaford Special School DistrictNorth Dakota Supreme Court · 1910
- School District No. 94 v. KingNorth Dakota Supreme Court · 1910
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