Anderson v. Caldwell

— This was a proceeding, on the petition of the appellee, for the construction of a ditch, under “An act concerning drainage,” approved April 8th, 1881, section 4273, R. S. 1881, et seq. The commissioners of drainage reported in favor of the work, and, also, reported their assessments of benefits and damages to .lands affected by it. As to the land *452of the appellant, they reported that it would neither be benefited nor damaged. To this he filed his remonstrance, raising-issues of fact, and demanded that such issues should be tried by a jury. His demand was refused, and the case was tried by…