Louisville, New Albany & Chicago Railway Co. v. State ex rel. Ward

Dissenting Opinion.

Ross, J.

As stated in the opinion of the majority of the court, this is an action to enforce a drainage lien, and the only question presented on this appeal is whether or not, in such a proceeding, a personal judgment could rightfully be rendered against the appellant instead of a foreclosure of such lien. It seems to be the opinion of the majority that a personal judgment can be rendered for the collection of a ditch assessment. Whether this supposed equitable remedy is to be invoked only as against railroads, or whether it is to apply to individual persons as well, the…