Mullen v. Hart
Wyoming Supreme Court
Error to the District Court, Big Horn County; Hon. Charles E. Winter, Judge. Proceedings had upon objections filed with the confirmation of the report of commissioners made in connection with the organization of the Bench Canal District following an order confirming the report, Iowa M. Mullen and other remon-strators bring error. The nature of the proceedings and other material facts are set forth in the opinion. Chapter 95, Daws 1911, is unconstitutional.
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Error to the District Court, Big Horn County; Hon. Charles E. Winter, Judge. Proceedings had upon objections filed with the confirmation of the report of commissioners made in connection with the organization of the Bench Canal District following an order confirming the report, Iowa M. Mullen and other remon-strators bring error. The nature of the proceedings and other material facts are set forth in the opinion. Chapter 95, Daws 1911, is unconstitutional. Even assuming that the entire cost of construction cannot'exceed the assessment for benefits, additional assessments for cost of…
1Opinion of the Court
Beard, Justice.
The Bench Canal Drainage District is a Drainage District organized for the purpose of draining certain lands in Big Horn county, under the provisions of Chapter 95, S. L. 1911, entitled, “An Act for the formation and organization of drainage districts, and conferring certain powers thereon.” The organization of the district appears .to have been proceeded with under the provisions of said chapter, the *149preliminary report of the commissioners provided for by 'Section 27 of said chapter made and approved in accordance with Section 34. The journal entries prior to May 16, .1914,…
Also in this document: Concurrence.
2Cases cited7 opinions
- Bass v. ElliottIndiana Supreme Court · 1886
- State ex rel. Kochtitzky v. RileySupreme Court of Missouri · 1907
- Stone v. Little Yellow Drainage DistrictWisconsin Supreme Court · 1903
- Sterritt v. YoungWyoming Supreme Court · 1905
- Schmied v. KeeneyIndiana Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hashimoto v. Marathon Pipe Line Co.Wyoming Supreme Court · 1989
- Valley Center Drain District Johnston v. EderMontana Supreme Court · 1922
- Sullivan v. BlakesleyWyoming Supreme Court · 1926
- Board of County Com'rs. v. Bench Canal Drainage Dist.Wyoming Supreme Court · 1940
- Delfelder Drainage Dist. v. GivensWyoming Supreme Court · 1932
1 more not listed; retrieve them via the Exa API.