State v. Roberts

DISSENTING OPINION

Emmert, C. J.

The State of Indiana as a sovereign brings this original action in this court' against the Newton Circuit Court and the special judge thereof to prohibit the court from enforcing its judgment, entered in a proceeding for the repair of an old drain in Newton County, which ordered the ditch and drain established “over the route as laid out and described in the Surveyor’s report as amended, which road extends over and across United States Highway No. 41,” and which further adjudged that the “Highway Commission of Indiana construct and pay for the bridge over United…