Ross v. State ex rel. Zenor

Olds, J. —

This is an action to collect a pretended assessment against the lands of appellant Jesse Ross for the con*91struction of a drain. The petition for the construction of a ditch was filed in the circuit court in December, 1881. The commissioners filed their report, the same was approved by the Harrison Circuit Court and the ditch established at the May term, 1882, of said court, but the work was not referred to a commissioner for construction, and no further proceedings were had, until after the passage of the drainage act of 1883.

A demurrer was filed to the complaint, and was overruled…