Bogart v. Castor

The appellee’s complaint seeks a recovery upon an assessment made for the construction of a ditch.

The first paragraph of the complaint is bad, for the reason that it does not appear that the appraisers of benefits and damages made a division of the cost of the construction of the ditch among the owners of the land affected. The statute requires that this shall be done. Acts 1877, p. 156.

Counsel for appellant contends that the appraisers need not embody a statement of the division of the cost of the ditch in the sworn report which the law requires them to make. We think otherwise. The letter…