Cochran v. White

This was an action to enjoin a township trustee from proceeding with the repair of an allotment of a public drain, the owner having neglected and refused to do the work. The facts were found specially by the court, and are as follows: (1) On and prior to November 25, 1889, there was in Madison township, Montgomery county, an open public ditch, passing over the lands of appellant and others, and theretofore established under provisions of the statutes in relation to public ditches. (2) On said day, appellant and others filed a petition in the Montgomery Circuit Court for the location of a…