Pickering v. State ex rel. Dyar

The commissioner of drainage, appointed by the Howard Circuit Court, brought this action to enforce an .assessment for a drain levied by the judgment of that court.

It is contended by appellant’s counsel that the complaint is bad because it shows that only nineteen days’ notice of the filing of the petition was given, instead of twenty as the statute provides.

We have in our own reports very many cases deciding this point against the appellant. These cases decide that if there is some notice, although defective, it will protect the judgment as against a collateral attack. As shown in Jackson v. *229…