Legal Opinion

Wurts v. Hoagland

Supreme Court of the United States

Decided May 4, 1885No. 193PublishedCited by 63 opinions

IN ERROR TO THE SUPREME COURT OF THE STATE OF NEW JERSEY. This was a writ of error by the devisees of Mary Y. Wurts to reverse a judgment confirming an assessment of commissioners for the drainage of lands under the statute of New Jersey of March 8,1871, the material provisions of which are as follows: By § 1, “ the Board of Managers of the Geological Survey, on the application of at least five owners of separate lots of land included in any tract of land in this State which…

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IN ERROR TO THE SUPREME COURT OF THE STATE OF NEW JERSEY. This was a writ of error by the devisees of Mary Y. Wurts to reverse a judgment confirming an assessment of commissioners for the drainage of lands under the statute of New Jersey of March 8,1871, the material provisions of which are as follows: By § 1, “ the Board of Managers of the Geological Survey, on the application of at least five owners of separate lots of land included in any tract of land in this State which is subject to overflow from freshets, or which is usually in a low, marshy, boggy or wet condition,” are authorized to…

1Opinion of the Court

Mr. Justice Gray,

after making .the foregoing statement-of ■ facts, delivered the opinion of the court.

General laws authorizing the drainage of tracts of swamp and low lands, by commissioners appointed upon proceedings instituted by some of the owners of the lands, and the assessment of the whole expense of the work upon all the lands within the tract in question, have long existed in the State of New Jersey, and have been sustained and acted on by her courts, under the Constitution of 1776, ás well as under that of 1844. Stats. December 23,1783, Wilson’s Laws, 382; November 29, 1788, and…

2Cases cited5 opinions

  1. Barbier v. ConnollySupreme Court of the United States · 1884
  2. Davidson v. New OrleansSupreme Court of the United States · 1878
  3. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  4. Walker v. SauvinetSupreme Court of the United States · 1876
  5. Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885

3Cited by63 opinions

  1. Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
  2. Jackman v. Rosenbaum Co.Supreme Court of the United States · 1922
  3. Walston v. NevinSupreme Court of the United States · 1888
  4. Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
  5. Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894

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