Dick v. Drainage District No. 2

The opinion of the court was delivered by

Parker, J.:

This is an appeal from orders overruling separate demurrers to a petition.

Under appropriate allegations the pleading in question discloses the corporate existence of the defendant Drainage District, the official character of the defendant County Treasurer, and that plaintiffs are the owners of separate tracts of real estate, located in Harvey county, over which the corporation is attempting to condemn a right of way. It next charges the purported condemnation proceedings are void and of no effect because (1) the petition for condemnation…