Alkire v. Timmons Ditching Co.

This was an action by the appellee against the appellant, to recover the amount of an assessment' agains^ the land of the appellant for the construction of the ditch of the appellee. A demurrer to the complaint was filed and over*72ruled. Issues were formed, and these were tried by the court; finding for the plaintiff. Motion for a new trial overruled, and judgment for the amount of the finding.

An error assigned is, that the court improperly overruled the demurrer to the complaint.

One of the objections to the complaint is, that a copy of the assessment on which the action is founded is not made…