Foster's Branch Ditching Co. v. Makepeace

The appellant claims to be a ditching company in Madison county, formed under the act to authorize the construction of levees and drains, approved June 12th, 1852, 1 G. Sc. H. 303, and amendments thereto. An assessment of benefits having been made against the lands of Allen Makepeace, the ancestor of the appellees, he appealed therefrom to the circuit court. In the circuit court, the company moved to dismiss the appeal, because the transcript was insufficient to authorize the appeal. This motion was overruled, and this presents the first question. No particular objection to the transcript was…