Bonnewell v. Lowe

The opinion of the court was delivered by

Mason, J.:

By order of the township trustee two ditches theretofore constructed under the drainage statute (Gen. Stat.,1901, §§2535-2550) were repaired, and the cost was apportioned among the landowners benefited. One of these, L. K, Bonnewell, disputed the validity of the charge made against him, refused to pay it, and brought an action to prevent the amount being certified to the county clerk and placed upon the tax-roll. He was denied relief, and prosecutes error.

The defendants maintain that the proceeding should be dismissed because the acts sought…