Scott v. Mount Auburn & Marietta Turnpike Co.

This was a complaint by the appellant against the appellees, to enjoin the collection of an assessment made for the construction of the road of said turnpike company, under the act of March nth, 1867. The defendants demurred to the complaint, on the ground that the same did not state facts sufficient to constitute a cause of action. The court sustained the demurrer, the plaintiff excepted, and final judgment was rendered against him, from which he appeals. The error assigned is the sustaining of the demurrer to the complaint.

Among many other objections to the proceedings, it is alleged in the…