McKinney v. State ex rel. Nixon

Best, C.

This action was brought by the appellee, under section 4, Acts of 1883, p. 178, to enforce a ditch assessment. A demurrer to the complaint was overruled, and a demurrer to the answer was sustained. The appellants declining to further plead, the damages were assessed at $310, after which a motion for a new trial, on the ground that the damages assessed were excessive, was overruled and judgment rendered accordingly. These rulings are assigned as error.

The section of the statute under which this suit was instituted provides that the commissioner of drainage “may, if he so determine,…