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CONELY vs. BUTLER (County Drain Comr.)

Michigan Supreme Court1892-05-11No. No. 12809½
1 McGrath 1639

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

To compel completion of drain.

Orderto show cause denied May 11, 1892.

It appeared that petitioner had been drain commissioner and had instituted proceedings for the construction of a drain, and after the work had been let, and a portion of the drain constructed, a bill had been filed and a temporary injunction obtained, which, upon hearing, was made permanent, restraining the further prosecution of the work.

Despondent succeeded to the office. Petitioner contended that because a part of the drain had been constructed it is the duty of the present commissioner to "relay, re-establish and reassess” it, while respondent’s contention is, that he must institute a new proceeding.