Ireland v. Huffman

Appellants were petitioners for a drain, to be in part open and in part covered tile. Commissioners were appointed, who reported favorably to a construction of the drain, and that the same would be of public utility, and the cost, damages and expenses of construction less than the _ benefits to the lands affected. Remonstrances were filed, challenging the public utility of the proposed drain, which issue, upon appeal, was tried in the circuit court, and there was a finding and judgment in favor of the remonstrators. The petitioners, in a motion, set forth two reasons for a new trial, viz.:…