Coolman v. Fleming
Indiana Supreme Court
From the Huntington Circuit Court.
1Opinion of the Court
Newcomb, C.
The appellants presented their petition to the board of commissioners of Huntington county, praying for the construction of a ditch through the lands of the petitioners and divers other parties named in the petition. The proceedings were had since the act of March 9th, 1875.
Viewers were appointed, and, after the filing of their report, the auditor gave notice by publication of the pendency of the petition, as directed by the second section of the act. At a subsequent term, the appellees appeared and filed a verified motion to dismiss the proceedings, on the ground that a ditch…
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