Laguna Drainage District v. Martin Co.

This is a proceeding brought by the plaintiff, a drainage district corporation, organized under the Drainage Act of this state, to condemn a strip of land belonging to the defendant for the purpose of constructing a drainage ditch. A general demurrer to the amended complaint was sustained, and from a judgment entered thereon in behalf of the defendant plaintiff appeals.

A dual attack was made upon the complaint under the demurrer in the lower court, it being insisted, first, that the act of 1885 (Stats. 1885, p. 204), under which the plaintiff district was organized, was unconstitutional, and,…