[DOWNLOAD] "Stanley Chester v. F.M. Einarson" by Court of Appeals of New York ~ Book PDF Kindle ePub Free

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eBook details

• Title: Stanley Chester v. F.M. Einarson
• Author : Court of Appeals of New York
• Release Date : January 06, 1948
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Plaintiffs have petitioned for a rehearing. The principal contention advanced in the petition is that this Court erred in its former opinion in holding that persons who have signed a remonstrance or petition that further proceedings on a petition for the construction of a drain be discontinued may withdraw their names from such remonstrance or petition at any time during the hearing had pursuant to the provisions of RC 1943, Sec. 61-2115. It is asserted that in considering and determining this question this Court overlooked the difference between a petition for the establishment of a drain and a remonstrance or petition to discontinue further proceedings. It is contended that those who remonstrate against the construction of a drain and petition that further proceedings be discontinued may in no event withdraw their names from such remonstrance or petition after the same has been filed. In support of this contention plaintiffs cite 19 CJ 654, Sec 81; 28 CJS 302; 17 Am Jur 805; and Noel v. Van Fleit et al., 205 Ind 657, 187 NE 832, and quote the following statement appearing in 28 CJS at page 303:

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