People ex rel. Roediger v. Drain Commissioner

Relators upon an affidavit made in their joint behalf1 as husband and wife obtained a~ certio*746ran to review the proceedings of respondent in reloeating a certain ditch, whereby they claim damage accrued. The chief grounds of objection related to the absence of any adequate record.

It now appears that the commissioner was delayed in making up his record by other engagements, and that John N. Eoediger knew of most if not all the proceedings, and took a contract to dig, and did dig, part of the ditch. The action of relators here is joint, and it is to be presumed their interest was the common-law…