Kirkpatrick v. Taylor

'Olds, J.

This is an action to enjoin the collection of an assessment made by the county surveyor to reimburse the treasury for money paid out in repairing a ditch in accordance-with the drainage act of 1885.

The complaint alleged the construction of a main open ditch and five other tributary tile ditches, upon a petition therefor filed and proceedings had before the board of commissioners of Delaware county, under an act of the Legislature approved April 21st, 1881; that the several ditches were constructed under one application and petition, but assessments were made separately for the…