Meehan v. Wiles

Franklin, C.

— Appellant sued appellee for a certain ditch assessment made under the statute of March 15th, 1879.

The defendant filed a special paragraph of answer, to which a demurrer was overruled.

The plaintiff filed a special paragraph of reply, which, on motion of the defendant, was by the court stricken out, and judgment rendered for the defendant for costs.

The errors assigned are the overruling of the demurrer to the answer and the striking out of the reply.

The answer, in substance, alleges that at the time of hearing the petition for the ditch by the board of commissioners, the…