Eel River Draining Ass'n v. Topp

Suit by the Eel River Draining Association against Topp, to recover an assessment for benefit to land by drainage, and for sale of the land. Demurrer to the complaint sustained, on the ground that it did not contain facts constituting a cause of action, and final judgment for defendant.

It was not necessary that the complaint should set out the organization of the association; for, by the statute, “ the existence of such corporation shall be judicially taken notice of in the Courts of the county, or counties, in which the articles are recorded, without the same being specially pleaded. 1 E.…