Muncie & New Burlington Turnpike Co. v. Keesling

Action by the appellees against the appellant, to enjoin the collection of certain assessments against the lands of the plaintiffs, for the construction of the road of the defendant, under the act of 1867 on that subject. Several objections to the regularity of the assessments are stated in the complaint, and among them, that the assessors did not list all the lands within the prescribed limits, but omitted “ all the out-lots and blocks, squares, lots, and other subdivisions embraced within, the corporate limits of the city of Muncie.”

A demurrer to the complaint was filed by the company and…