Catlin v. Munn
New York Supreme Court
MotioN by the plaintiff for a new trial on exceptions taken at Wayne Circuit, and ordered to be heard at the General Term in the first instance.
1Opinion of the Court
Beadley, J.:
The proceedings for drainage were sought to be instituted and conducted under the statute (2 ft. S., 548, as amended by Laws of 1869, chap. 888; Laws of 1871, chap. 303), but it was not alleged in the petition, nor does it appear that it was determined that the contemplated drains, ditches or channels were for the benefit of the public health, and for want of such determination the proceeding was without jurisdiction and void. (Burk v. Ayers, 19 Hun, 17; Matter of Ryers, 72 N. Y., 1.) The defendant’s intestate having taken from the commissioners appointed the contract for…
2Cases cited15 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Whitbeck v. Van NessNew York Supreme Court · 1814
- Olmsted v. . DennisNew York Court of Appeals · 1879
- People Ex Rel. Williams v. . HainesNew York Court of Appeals · 1872
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