Myers v. Sell

DISSENTING OPINION.

Emmert, J.

The petitioner never acquired jurisdiction over the State of Indiana in the ditch proceed ings. As far as the state was concerned, the entire proceedings ignored the plain provisions of § 24 of Article 4 of the Constitution of Indiana which provides: “Provision may be made, by general law, for bringing suit against the State, as to all liabilities originating after the adoption of this Constitution; but no special act authorizing such suit to be brought, or making compensation to any person claiming damages against the State, shall ever be passed.” See dissenting…