Edwards v. Cass County
North Dakota Supreme Court
Appeal by plaintiffs from a judgment of the District Court for Cass County, Polloch, J., dismissing an action brought to enjoin the construction of a drain.
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Appeal by plaintiffs from a judgment of the District Court for Cass County, Polloch, J., dismissing an action brought to enjoin the construction of a drain. Failure to comply .with the statutory requirements in taking steps for the establishment of drains renders the assessment invalid. 2 Page & J. Taxn. §§ 770, 777; Fraser v. Mulany, 129 Wis. 377, 109 N. W. 139; 1 Cooley, Taxn. 3d ed. 631, 632. Failure to show in the notice the signers of the petition is not a compliance with the statute. Re Central Irrig. Dist. 117 Cal. 382, 49 Pac. 354; People v. Berkeley, 102 Cal. 298, 23 L.R.A. 838, 36…
1Opinion of the Court
Goss,, J.
This action was brought by property owners to restrain the construction of a drain in Cass county, and to restrain further action by the drain board and board of county commissioners, county auditor, county treasurer, and contractors in the matter. The necessary petition for drain had been presented to the drainage board and by it acted upon, establishing the drain, after preliminary steps in the matter of survey, inspection, and location had been taken. The hearing to be had on the petition, provided by chapter 93, Session Laws 1907, was had. Night of way had been obtained. A…
2Cases cited8 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- State ex rel. Dorgan v. FiskNorth Dakota Supreme Court · 1906
- Sim v. RosholtNorth Dakota Supreme Court · 1907
- Hackney v. ElliottNorth Dakota Supreme Court · 1912
- Turnquist v. Cass County Drain Com'rsNorth Dakota Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Chester v. EinarsonNorth Dakota Supreme Court · 1948
- City of Fango v. GeareyNorth Dakota Supreme Court · 1916
- Barnes v. Cass CountyNorth Dakota Supreme Court · 1929
- Bismarck Home Builders' Co. v. City of BismarckNorth Dakota Supreme Court · 1924
- State ex rel. Bale v. MorrisonNorth Dakota Supreme Court · 1913