Duffy v. Hayden

This is an appeal by 35 freeholders whose lands were assessed for the cleaning and repair of a system of drainage ditches in Delaware County. The proceedings were instituted before the board of commissioners of said county and from a final order establishing the project the appellants appealed to the Delaware Superior Court where such appeal was dismissed upon motion of the appellees. The matter comes here upon the following assignment of errors: “1. The court erred is sustaining appellees’ motion to dismiss appeals of certain defendants. 2. The court erred in not overruling appellees’ motion…