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1 McGrath 1639

Conely v. Butler

Michigan Supreme Court

Decided May 11, 1892

Michigan Supreme Court · decided 1892-05-11

Decided 1892-05-11

¶1To compel completion of drain.

¶2Order'to show cause denied May 11, 1892.

¶3It 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.

¶4Despondent 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.

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