Shaw v. State ex rel. Whitmore

This was an action in the name of the State, for the use of Whitmore, commissioner of drainage, against the appellant, to enforce a lien upon real estate for an assessment against it for drainage under the act of April 8th, 1881; section 4273, R. S. 1881, et seq. The proceedings to establish the ditch to which the assessment related were had prior to the amendments of 1883, to the above act.

The appellant unsuccessfully demurred to the complaint, and then answered by the general denial. A trial by the court resulted in a finding for the appellee and a judgment on the finding over the…