The Farmers Handbook Containing Laws of Ohio Relating to Agriculture And of Use
The Farmers Handbook Containing Laws of Ohio Relating to Agriculture And of Use
Ohio
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4613. [And may have relief. ] But the court in which any action may be brought to enjoin, reverse, or declare void the proceed- ings by which any such levee is ordered to be located, established, con- structed, or repaired, or to enjoin the performance of any work, or the assessment or collection of any costs and expenses ordered by the pro- bate court for the purposes aforesaid, may, if there be manifest error in such proceedings affecting materially the substantial rights of any plaintiff, in... such action, set the same aside as to such plaintiff without affecting the rights or liabilities of the other parties in interest; and the court shall, on the final hearing, make such order in the premises as may seem equitable, and just, and may order the work done, and the costs and expenses paid, by the plaintiff, or the amount of money re- turned to the auditor of the county against the plaintiff, or any part thereof, to remain on the duplicate for collection, or may perpetually enjoin the same or any part thereof ; the costs of such action, and of the proceedings had therein shall be apportioned among the parties or paid out of the county treasury, in whole or in part, as justice and equitv may require and the court direct.
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