Wyoming Reports Volume 28

Wyoming Reports Volume 28

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...canal or reservoir used for purposes other than irrigation, or for drainage purposes only. In 1909 there was no law authorizing the creation of drainage districts, and it may be said that the legislature could not then have had them in mind. Yet, if the language of the statute be sufiicient to comprehend such districts, it would not follow, merely because they were not then contemplated by the legislature, that they should not, when created, come within its operation. 2 Lewis' Sutherland, Statutory Construction, ( 516; Daniels v. State, 150 Ind. 348, 50 N. E. 74, ) and cases cited. Is the language of the statute, describing the owners to be affected by it, sufiicient to comprehend such districts? Not being mentioned specifically, can it'be said that it was the legislative intention that the general words of the act should include them! In resolving this question the public character of drainage districts, the purposes for which they are organized, and for which they are authorized to raise money and possess property are important considerations. Public corporations are excepted by implication from various statutes which apply to corporations generally. Thus, unless it be expressly so provided, mechanics' lien laws do not affect public property. (Peters v. Killebrew, 24 Wyo. 53, 154 Pac. 996.) The statute in question in the case at bar does not give a right to a lien upon public buildings or other structures, but is in the nature of a lien upon moneys, and, perhaps, more analogous to a garnishment. It has frequently been held that similar districts cannot be summoned as garnishees. (Board of Directors v. Bodkin, 108 Tenn. 700, 69 S. W. 270; The Goyer Co. v. Williamson, 107 Ark. 189, 154 S. W. 525; Sallee v. Bank of Coming, ...show more

Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236982274
  • 9781236982278