Hunsucker v. Montel

On Motion to Dismiss.

Appellants filed a petition for the construction of a drain, and such proceedings were had thereon that the matter was referred to drainage commissioners, who reported in favor of constructing the proposed improvement, laid it out, and reported assessments of benefits and damages against lands which they reported were affected. Thereupon, appellees moved to dismiss the drainage proceeding for reasons not covered by any express provision of the statute on the subject of dismissal, but which the trial court deemed sufficient. The motion to dismiss was sustained on May 15,…