McKinney v. State ex rel. Nixon

Mitchell, J. —

Nixon, as one of the drainage commissioners of Clinton county, brought suit against McKinney and others to enforce payment of assessments made against certain real estate owned by the defendants.

The complaint was held sufficient upon demurrer, and this ruling was affirmed on a former appeal to this court. McKinney v. State, etc., 101 Ind. 355. As will be seen by recurring to the facts as stated in the opinion rendered when the case was here before, a demurrer was sustained to the answer, and the appellants refusing to plead further, the damages were assessed as upon a default.…