38 Mich. 660

Elijah B. Daniels v. Samuel M. Smith, Drain Com’r.

Notice must be given of proceedings to run a drain.

Proceedings to lay out a drain are quashed for want of evidence-that statutory notice was given to the parties concerned.

Certiorari.

Submitted April 10.

Decided April 16.

Dickerman & St. John for plaintiff in certiorari.

Service of notice of proceedings to lay out a drain is necessary to give the drain commissioner jurisdiction, Goldsmith v. Highway Com’rs, 14 Mich., 528; Van Auken v. Com’rs, 27 Mich., 414; Dupont v. Com’rs, 30 Mich., 490; Kroop v. Com’r, 31 Mich., 144; Purdy v. Com’r, 31 Mich., 455; Detroit Sharpshooter’s Ass’n v. Com’rs, 34 Mich., 36.

*661Per Curiam.

This is a certiorari to review the pro-, ceedings of the drain commissioner of the township of Adams, in the county of Hillsdale, in laying out a drain and- assessing the cost on the persons supposed to be benefited. A number of objections are taken to the proceedings, but it is sufficient to notice as a fatal objection, that there is no evidence that the notice to the parties concerned, which the statute (Comp. L., § 1779; Laws 1875, p. 168) requires, was given. The proceedings must be quashed. People v. Highway Commissioners of Nankin, 14 Mich., 528; Sharpshooters’ Association v. Highway Commissioners of Hamtramck, 34 Mich., 36.

Daniels v. Smith
38 Mich. 660

Case Details

Name
Daniels v. Smith
Decision Date
Apr 16, 1878
Citations

38 Mich. 660

Jurisdiction
Michigan

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