COLE v. NORBORNE DRAINAGE DIST.

No. 152.

270 U.S. 45 (1926)

46 S.Ct. 196

70 L.Ed. 463

CHARLES D. COLE, MARY COLE, HERMAN NOELKER ET AL. v. NORBORNE LAND DRAINAGE DISTRICT OF CARROLL COUNTY, MISSOURI, H.H. FRANKLIN, L. WILLIAMS ET AL.

Supreme Court of United States.

Decided February 1, 1926.


Attorney(s) appearing for the Case

Messrs. Cyrus Crane and M.J. Henderson, for appellants.

Messrs. William A. Franken and S.J. Jones, with whom Messrs. Grover C. Jones, Sam Withers and Scott R. Timmons were on the brief, for appellees.


MR. JUSTICE HOLMES delivered the opinion of the Court.

This is a bill to restrain the collection of a tax and entry upon the plaintiffs' lands in pursuance of a plan of drainage established in the mode provided by the laws of Missouri. The grounds on which relief is sought are that § 40 of the Drainage Laws of 1913, under which the plaintiffs' lands were brought into the drainage district, is contrary to the Fourteenth Amendment, and that the inclusion of their...

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