Poyser v. Stangland

Appellant brought her action in the trial court to enjoin the appellees from proceeding with the collection of an assessment of $42.35 and a penalty of $4.24, a total sum of $46.59, levied against her land as the cost of constructing her part of a partition fence in Noble County. The fence had been built by the township agreeable with the partition fence law, §§30-201 to 30-212 inclusive, Burns’ 1949 Replacement.

Appellant contends that the assessment is unlawful, and that the portion of the fence constructed by the township trustee was not her part of the line fence.

Appellees take the…