SHARPE, J.
Plaintiffs, residents of Shiawassee county, filed a bill of complaint in said county in which they allege that C.K. Colby, defendant, is the county drain commissioner and that this action is brought against him in his official capacity; that on April 5, 1951, a petition for cleaning out, relocating, deepening and straightening the North State & Huckleberry & Mitchener Drain was filed in the office of the defendant; that said petition was defective...
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