Busenbark v. Etchison Ditching Ass'n
Indiana Supreme Court
From the Madison Circuit Court.
1Opinion of the CourtPerkins, J.
Suit to enforce the lien of a ditching assessment. Demurrer to the complaint because it did not contain a cause of action. Demurrer overruled, and exception entered.
Decree enforcing the lien upon real estate and for the sale of the same.
The overruling of the demurrer to the complaint is assigned for error in this court. Neither the assessment nor a copy thereof was filed with the complaint.
*315The assessment was the foundation of the action. Gossett v. Tolen, 61 Ind. 388. And, however, it might have been had the suit been for the recovery simply of a personal judgment, it has been decided that…
2Cases cited13 opinions
- City of Crawfordsville v. BrundageIndiana Supreme Court · 1877
- School Town of Princeton v. GebhartIndiana Supreme Court · 1878
- Barker v. BuellIndiana Supreme Court · 1871
- Excelsior Draining Co. v. BrownIndiana Supreme Court · 1871
- Scott v. ZartmanIndiana Supreme Court · 1878
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3Cited by6 opinions
- McCarty v. BurnetIndiana Supreme Court · 1882
- Crist v. State ex rel. WhitmoreIndiana Supreme Court · 1884
- Boatman v. MacyIndiana Supreme Court · 1882
- Neiman v. State ex rel. DickeyIndiana Supreme Court · 1884
- Indiana Sand & Gravel Co. v. DonovanIndiana Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.