Sellen v. County of McLeod

Taylor, C.

Plaintiffs brought this action to enjoin the defendants from constructing a judicial ditch, and appeal from a judgment dismissing the action on the merits.

The sole question presented is whether the petition for the ditch is sufficient to give the court jurisdiction to establish it. The objections urged to the petition are that it fails to set forth any public necessity for the ditch, and fails to show that it was signed by the requisite number of landowners. The provisions of the statute, so far as here important, read:

“Before any public ditch or drain * * * shall be established…