Armstrong v. Oster
Indiana Supreme Court
From DeKalb Circuit Court; Dan M. Link, Judge. Proceeding by William Armstrong and another to establish a drain, in which Winifred O. Oster 'and others filed a remonstrance. From a judgment dismissing the petition, the petitioners appeal. Affirmed.
1Opinion of the CourtWilloughby, J.
This was a proceeding filed in the DeKalb Circuit Court of DeKalb county, Indiana, in which the appellants sought to have constructed and established a certain drain in DeKalb county. The petition was filed under §6142 Burns 1914, Acts 1907 p. 508, and contained all the necessary averments required under said statute. The appellants, William Armstrong and Elizabeth Armstrong, were the only petitioners. What is termed a two-thirds remonstrance in writing was filed in said court to said petition in which the remonstrators alleged that they constituted “more than two-thirds in number of the land*3o…
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