Cooper v. Ray

This suit was brought against appellee to enjoin him, as county auditor, from selling, for construction, an allotment on a ditch established by the board of commissioners of Shelby county. Appellee’s demurrer, for want of facts, to the amended complaint was sustained, and appellants refusing to plead further, judgment was rendered on demurrer in favor of appellee.

The only error assigned calls in question the action of the court in sustaining the demurrer to the amended complaint.

The law under which said ditch was established by said board of commissioners, provides that there should be set…