Boatman v. Macy

Best, C.

This action was brought by the appellant against the appellee, to enforce a ditch assessment made in pursuance of the act of March 13th, 1879.

The complaint consisted of two paragraphs, to each of which a demurrer was sustained, and this ruling is assigned as error.

The principal objection urged to each paragraph is that the description of the land assessed is so indefinite that the assessment is void. The land assessed is thus described: “And a part of the w. J of the s. w. i of sec. 35, t’p 20, range 3, owned by 'William Maey; amt. $50.”

The assessment is” the foundation of the action,…