Seyberger v. Calumet Draining Co.
Indiana Supreme Court
APPEAL from the Lake Circuit Court. This was a suit against the appellee, a draining association organized under the act of May 22d, 1869 (Acts 1869, Spec. Sess. p. 82), by the appellant, an owner of wet lands liable to be beneficially affected by the proposed drain, to enjoin said company from proceeding to assess and make a charge upon said lands the amount of benefit they would receive from the construction of said drain.
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APPEAL from the Lake Circuit Court. This was a suit against the appellee, a draining association organized under the act of May 22d, 1869 (Acts 1869, Spec. Sess. p. 82), by the appellant, an owner of wet lands liable to be beneficially affected by the proposed drain, to enjoin said company from proceeding to assess and make a charge upon said lands the amount of benefit they would receive from the construction of said drain. The cause was tried upon an agreed statement of facts. The court found for the appellee, and dismissed the complaint. A motion for a new trial, made by the appellant, was…
1Opinion of the CourtFrazer, J.
We have heretofore held that the articles of association of a company, organized under our laws, to reclaim wet or overflowed lands, must so distinctly state the purposes intended to be accomplished, that all whose lands are liable to be affected by the work may know the fact, *331and. be able to avail themselves of the right given them by the statute to become members of the association, and thus participate in the management and control of its operations. West v. The Bullskin, &c., Co., 32 Ind. 138; O'Reiley v. The Kankakee, &c., Co., id. 169. It has seemed to us, not only that this is a plain…
2Cases cited1 opinion
- West v. Bullskin Prairie Ditching Co.Indiana Supreme Court · 1869
3Cited by3 opinions
- Newton County Draining Co. v. NofsingerIndiana Supreme Court · 1873
- Milligan v. State, ex rel. BittingerIndiana Supreme Court · 1877
- Crawford v. Prairie Creek Ditching Ass'nIndiana Supreme Court · 1873