Sunier v. Miller

Elliott, J. —

This suit was brought by the appellant to enjoin the auditor of Wells county from enforcing an assessment levied for the purpose of constructing a ditch, or, more accurately speaking, from enforcing an order establishing a ditch, under the act of April 21st, 1881, made by the board of commissioners.

The appellant argues that the proceedings are void because no notice was' given as the law requires. We agree with counsel that the general rule is, that notice is required in all such proceedings as the present. Hobbs v. Board, etc., 103 Ind. 575; Wright v. Wilson, 95 Ind. 408. We do…