Buckingham v. Smith
Ohio Supreme Court
This is a bill in chancery from the county of Licking. It is stated, in the bill of complaint, that, in 1830, the canal commissioners constructed a feeder to the main canal, to be used for the purpose of taking water out of the north fork of the Licking river. The feeder was so constructed, as to be capable of drawing out of said north fork, at the point of intersection, more water than was required for canal navigation.
Read the full summary
This is a bill in chancery from the county of Licking. It is stated, in the bill of complaint, that, in 1830, the canal commissioners constructed a feeder to the main canal, to be used for the purpose of taking water out of the north fork of the Licking river. The feeder was so constructed, as to be capable of drawing out of said north fork, at the point of intersection, more water than was required for canal navigation. Before, and at the time, the feeder was constructing, the complainants, John and William Yan Buskirk, were the owners of a certain grist and saw-mill, on said north fork, and…
1Opinion of the CourtWood, J.
In this case, the pleadings, exhibits, and depositions are within no ordinary compass. Yolumes have been ably written by counsel, and we have derived great aid from their assistance, in extracting from the mass of papers the real merits of this controversy, by no means unimportant or inconsiderable.
*296The first inquiry which arises is, what wore the rights conferred upon the complainants, by the lease from the acting commissioner, executed in May, 1832? This instrument is an exhibit in the case, and its terms can not easily bo misunderstood. After disposing of the surplus water to the…
2Cases cited2 opinions
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
3Cited by7 opinions
- State v. DurhamOhio Court of Appeals · 1976
- Commonwealth v. ViscoskySuperior Court of Pennsylvania · 1924
- Butler v. StateOhio Court of Appeals · 1926
- Doss v. StateOhio Court of Appeals · 1928
- Haas v. StateOhio Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.