Houk v. Barthold

— On the 21st day of June, 1876, appellants presented to the board of commissioners of Allen county a *23petition for the construction of a ditch. Bond was filed, notice given, and viewers were appointed. On the 8th day of September, 1876, an order was made, “establishing the ditch as prayed for.” There was no appearance before the commissioners by the appellee, and the order was granted without opposition. The appellee filed an appeal bond on the 7th day of October, 1876, with the auditor, and the record was certified to the circuit court. No notice of' appeal, nor of the pendency of the action…