Wilson v. Woolman
| Citation | 94 N.W. 1076,133 Mich. 350 |
| Parties | WILSON v. WOOLMAN, County Drain Com'r, et al. |
| Decision Date | 29 May 1903 |
| Court | Supreme Court of Michigan |
Appeal from Circuit Court, Sanilac County, In Chancery; Watson Beach, Judge.
Suit by Charles Wilson against Hugh Woolman, county drain commissioner, and another, to restrain the collection of a drain tax. From a decree dismissing the bill, plaintiff appeals. Affirmed.
Counsel for the defendants in their brief give a succinct statement of facts, which we adopt. In 1892, the Indian Creek drain was established and constructed in the township of Marion Sanilac county, following Indian creek, a natural water course. This drain runs through complainant's lands described in the bill. It was established and constructed before complainant owned said lands. In many places this drain became filled up with sediment and refuse, and in June 1900, the defendant Hugh Woolman, county drain commissioner received an application to clean out and extend said drain down stream from its outlet about 100 rods. Acting in pursuance of said application the drain commissioner caused a survey of said drain and the proposed extension thereof to be made, and thereafter ordered said Indian Creek drain to be cleaned out and extended from its outlet down stream 26.60 chains. He then procured release of the right of way of said drain through all lands through which said extension would pass. In making the survey stakes were set eight rods apart up stream, commencing with stake 0 at the outlet of the extension. Stake 13 of the new survey was placed 2 rods and 8 feet above stake 0 of the original drain, and the survey stakes on up stream held the same relative positions. In taking the levels along the old drain the surveyor set the grade stakes on top of the earth excavated from the original drain. The surveyor made a new profile, showing the dimensions of the extension and the cleaning out throughout the whole length of said drain. In taking the levels for cleaning out said drain the surveyor did not attempt to follow the dimensions of the old proceeding, except the width of bottom. After procuring releases of all the right of way on the extension, the drain commissioner fixed the 25th day of September, 1900, as a day for letting of contracts, and served a notice of said letting of contracts upon complainant personally. Complainant attended at the letting of contracts but was late in arriving there. Complainant was living on...
To continue reading
Request your trial
- Driver v. Moore
- Chapman & Dewey Land Company v. Wilson
-
Smith v. Pence & Pier
...failing so to do, they must be held to be estopped from questioning, in this action, the validity of the assessments. In Wilson v. Woolman, 133 Mich. 350, 94 N.W. 1076, court said: "The decree is right for two reasons: (1) Because the complainant knew of the proceedings as they were going o......
-
Vill. of Clawson v. Van Wagoner
...237, 68 N. W. 130;Hall v. Slaybaugh, 69 Mich. 484, 37 N. W. 545;Township of Walker v. Thomas, 123 Mich. 290, 82 N. W. 48;Wilson v. Woolman, 133 Mich. 350, 94 N. W. 1076. It may be said that the facts present a particularly strong case of estoppel because the city was a moving and insistent ......