Legal Opinion

Jerrell v. Etchison Ditching Ass'n

Indiana Supreme Court

Decided May 15, 1878PublishedCited by 2 opinions

From.the Madison Circuit Court.

1Opinion of the CourtPerkins, J.

Complaint to enforce the alleged lien of a ditching assessment.

Demurrer to the complaint, for want of facts, overruled, and exception reserved.

*201Decree below for the appellee.

The assessment was the foundation of the action, and a copy of it should have been filed as an exhibit, with the complaint. West v The Bullskin, etc., Ditching Co., 19 Ind. 458; Etchison Ditching Association v. Hillis, 40 Ind. 408; Alkire v. The Timmons Ditching Co., 51 Ind. 71; Alspaugh v. The Ben Franklin Draining Association, 51 Ind. 271.

A copy of the assessment was not filed.

The complaint was fatally defective on…

2Cases cited4 opinions

  1. West v. Bullskin Prairie Ditching Co.Indiana Supreme Court · 1862
  2. Alspaugh v. Ben Franklin Draining Ass'nIndiana Supreme Court · 1875
  3. Etchison Ditching Ass'n v. HillisIndiana Supreme Court · 1872
  4. Alkire v. Timmons Ditching Co.Indiana Supreme Court · 1875

3Cited by2 opinions

  1. Smith v. CliffordIndiana Supreme Court · 1882
  2. Neiman v. State ex rel. DickeyIndiana Supreme Court · 1884

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