Osborn v. Maxinkuckee Lake Ice Co.

Monies, J.—

Appellants and others, in 1896, filed in the court below their petition for the drainage of lands in Starke and Marshall counties, under the drainage act of 1885 (Acts 1885, p. 129), §5622 et seq., Burns 1894. In May, 1897, the drainage commissioners filed their report, which named lands owned by Sterling R. Holt as affected by said work which were not named in the petition, and the court fixed June 4, 1897, for hearing said report. Appellee was not named as the owner of any lands described either in the petition or the report of the drainage commissioners. On June 11, 1897,…