Blaine v. Lucas

The record shows that the Common Pleas did not find that the improvement was unnecessary nor that it was not conducive of the public welfare nor that the benefits would not equal the costs. The judgment was simply that it is

“adjudged and decreed that the said petition and proceedings thereunder be and the same are hereby dismissed.”

From the expression of the trial judge quoted, from the journal entry and the opinion it is evident that the judgment now under- review was predicated on the finding that the commissioners were without authority to entertain the petition for the ditch because a…