Board of County Commissioners v. Stonehouse Drainage District No. 1

The opinion of the court was delivered by

Harvey, J.:

This is an action by the board of county commissioners of Jefferson county to enjoin a drainage district of that county and its officers from assessing and levying a tax against the improved county and state highway within the drainage district for the improvements to be made therein. Defendant demurred to the petition on the ground that it did not state facts sufficient to constitute a cause of action. The court overruled the demurrer and the defendant has appealed from that ruling.

The material allegations of the petition are that the…