Daniels v. Smith
| Decision Date | 16 April 1878 |
| Citation | 38 Mich. 660 |
| Parties | Elijah B. Daniels v. Samuel M. Smith, Drain Com'r |
| Court | Michigan Supreme Court |
Proceedings quashed.
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.
This is a certiorari to review the proceedings 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.
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