Bannister v. Grassy Fork Ditching Ass'n

This action was brought to enforce the payment of an assessment made upon the land of the appellant for the construction, in part, of the ditch being made by said association under the law of 1869. A demurrer to the complaint was filed by the defendant, on the ground that it did not state facts sufficient to constitute a cause of action, and overruled by the court. Exception was taken to this ruling.

The defendant then answered by the general denial and five special paragraphs.

The plaintiff demurred to the special paragraphs separately, on the ground that they did not state facts sufficient to…