Anderson v. Kerns Draining Co.

The Kerns Draining Company was organized under the act to authorize the construction of levees and drains, approved June 12, 1852, and found in 1 E. S. at p. 257.

The company constructed a drain, and assessed Anderson, for benefits thereby conferred upon him, a fraction less than 30 dollars.

Anderson refused to pay; the company sued him, and obtained judgment below.

Two questions arise in the case—

1. Was the company bound, upon the answer of nul tiel corporation, to prove, on the trial, the existence of the corporation?

*2002. Is the law authorizing the creation of the corporation constitutional?

Sectio…