Conwell v. Tate

The appellees, proceeding under the law of 1883, petitioned for a ditch, and the appellants remonstrated. A single cause of remonstrance was stated, namely, the third *172statutory cause, that the lands of appellants were assessed for too much. We think that this remonstrance narrowed the issue to a single question, and that is this: Was the amount of benefits assessed against the appellants’ lands too largo ? The only controverted point, therefore, was as to the amount of the assessment; there was no other issue.

It is asserted by counsel that the case of Neff v. Reed, 98 Ind. 341, decides that…