Albertson v. State ex rel. Wells

Franklin, C.

Appellee commenced this action to collect assessments.alleged to be due on the construction of a certain ditch. A demurrer was sustained to the answer, and judgment rendered for the plaintiff.

Appellant has assigned error upon the sustaining of the demurrer to the answer, and insists that it should have been sustained to the complaint.

Five reasons are urged against the sufficiency of the complaint: First. It does not show that the original petition was verified.

This is not an appeal from the proceedings' to establish the ditch, nor from a direct attack to set aside said…