Delaware Township v. Board of Commissioners

But two questions are properly presented for decision in this appeal: (1) The sufficiency of the second paragraph of complaint, to which a demurrer for want of facts was addressed and overruled, and (2) the overruling of appellant’s motion for a new trial.

Appellee was plaintiff below, and sued appellant to recover $150 as a contribution under the statute for the construction $nd repair of two bridges over streams in appellant township. After issues joined, the cause was submitted to the court for trial and finding, resulting in a finding and judgment for appellee.

The right of action rests…