Etchison Ditching Ass'n v. Busenback

This was a suit to compel the payment of an assessment made on the lands of the appellee in favor of said draining association. The defendant demurred to the . complaint, on the ground that it did not state facts sufficient to constitute a cause of action, and his demurrer was sustained. The plaintiff excepted, and appealed to this court,' and has here assigned this ruling of the court for error.

The only point discussed by counsel is, whether the description of the drain in the articles of association is sufficiently definite or not. Counsel for the appellant contend that it is, while counsel…