Legal Opinion

Hauser v. Burbank

Michigan Supreme Court

Decided July 12, 1898PublishedCited by 7 opinions

Error to Berrien; Coolidge, J. Certiorari by Michael B. Hauser to review the action of John E. Burbank, drain commissioner of Berrien county, in laying out and establishing a drain. From a judgment setting aside the proceedings, defendant brings error.

1Opinion of the CourtMontgomery, J.

Certiorari was issued from the circuit court to review proceedings laying out and establishing a drain. The circuit judge set aside the action of the drain commissioner, and this ruling is before us for review. A large number of objections were set out in the affidavit for certiorari, very few of which call for any discussion whatever. The meritorious questions raised may be considered under two or three heads. A brief history of the proceeding is essential to an understanding of the points involved. An application for a drain along substantially the same route followed by that involved in…

2Cases cited4 opinions

  1. Kinnie v. BareMichigan Supreme Court · 1888
  2. Houseman v. MontgomeryMichigan Supreme Court · 1885
  3. Gillett v. McLaughlinMichigan Supreme Court · 1888
  4. Clark v. TellerMichigan Supreme Court · 1883

3Cited by7 opinions

  1. Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
  2. Smith v. PenceSouth Dakota Supreme Court · 1914
  3. Lohrstorfer v. LohrstorferMichigan Supreme Court · 1905
  4. Sturm v. KellyMichigan Supreme Court · 1899
  5. Pollock v. SowersMichigan Supreme Court · 1904

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