Willenburg v. State ex rel. Carmichel

Ross, C. J. —

This was an action brought by the appellee against appellant to recover a ditch assessment.

It is insisted by the appellant that the complaint is insufficient, because it is not averred that the appellee filed his bond as a drainage commissioner pursuant to the provisions of section 5622, R. S. 1894 (section 1184, Elliott’s Supp).

*463The complaint contains an allegation that the appellee “duly qualified and entered upon his duties” as drainage commissioner.

We can not accept counsel’s contention that this allegation would imply that appellee took the oath of office, but that he did not…