Township of Swan Creek v. Brown
Michigan Supreme Court
Appeal from Saginaw; Beach, J. Bill by the township of Swan Creek and Helon B. Allen against Alonzo M. Brown, drain commissioner of Saginaw county, to enjoin the construction of a drain. From a decree dismissing the bill, complainants appeal.
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Appeal from Saginaw; Beach, J. Bill by the township of Swan Creek and Helon B. Allen against Alonzo M. Brown, drain commissioner of Saginaw county, to enjoin the construction of a drain. From a decree dismissing the bill, complainants appeal. The purpose of the bill filed in this case is to restrain the completion of a county drain laid out, éstablished, and partly constructed through the townships of complainant, Fremont, and Richland, and to restrain the levy and collection of assessments made in complainant township for the construction of said drain. Application was filed with the county…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Counsel for the complainants say in their brief that the proceedings, are not questioned except in two or three particulars, one of which is the laches of the drain commissioner in acting upon the petition, and the other that the provision of the act under which the cost of constructing this drain was apportioned is unconstitutional. These points were not argued in the main brief of complainants, but are argued in the reply or supplemental brief. Whether they should now be considered we will not decide. Section 4346, 2 Comp. Laws, provides a remedy by certiorari…
2Cases cited3 opinions
- Moore v. McIntyreMichigan Supreme Court · 1896
- Smith v. CarlowMichigan Supreme Court · 1897
- Clark v. TellerMichigan Supreme Court · 1883
3Cited by17 opinions
- Strack v. MillerMichigan Supreme Court · 1903
- Bilsborrow v. PierceSupreme Court of Minnesota · 1907
- Jones v. GableMichigan Supreme Court · 1907
- Troost v. FellowsMichigan Supreme Court · 1912
- Village of Oak Park v. VanwagonerMichigan Supreme Court · 1935
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