Township of Norton v. Cockerill

The purpose of this suit was to set aside proceedings to establish and construct a certain drain known as Ruddiman No. 3 drain in the township of Norton, Muskegon county, Michigan.

The proceedings were under the general drain law (Act No. 316, Pub. Acts 1923 [see as amended 1 Comp. Laws 1929, §4838 et seg.]). The undisputed facts show that the construction was not a drain but was in fact and law a sewer. The trial court so held and accordingly decreed from which no appeal has been taken. This appeal is by the plaintiffs and the only question involved is their right to recover the assessments…