Board of Commissioners v. Justice

This action was brought by the appellees, in the Carroll Circuit Court, to declare void the proceedings of the board of commissioners of that county for the establishment of a free gravel road, and to enjoin the placing of assessments against their lands for its construction.

The improvement sought to be enjoined was being made under the act of March 3, 1877. (Section 5091, et seq., R. S. 1881.)

The complaint proceeds upon two grounds:

First. That some of the land owners who signed the petition for the making of the improvement were induced to do so by false representations and false promises as…