Indianapolis & Cumberland Gravel Road Co. v. State ex rel. Flack

Mitchell, J. —

This is an appeal from a judgment and ■decree of the Marion Circuit Court. The judgment was for the amount of an assessment of benefits, growing out of the establishment of a ditch. The decree foreclosed a lien on the appellant’s right of way and ordered the sale of a specified portion thereof to satisfy the judgment.

The first error assigned brings in question the ruling of the court in overruling the appellant’s demurrer to the complaint.

It is argued that the act concerning the drainage of lands makes no provision for giving notice of the petition and proceedings to the owners…