Stockton v. Ham

*632Dissenting Opinion.

Erwin, J.

I find myself unable to agree with the court in its opinion in this case. In this cause the record discloses that a petition for drainage was filed by appellees, in which appellants were made parties. After the docketing of the case, and before any steps were taken in the cause, a motion, supported by affidavit was filed by appellants, asking for a change of judge, which motion, after other proceedings were had by the judge from whom the change was asked, was stricken from the files, for the reason that appellants had filed no remonstrance, and therefore had…