Commissioners of Havana Township Drainage District No. 1 v. Kelsey

This is an appeal from a judgment of the county court of Mason county, refusing to confirm an assessment made by the Havana Township Drainage District No. 1, under the act of June 27, 1885.

The act under which the proceeding was instituted does not provide for an appeal from the decision of the county court, and it is insisted that an appeal does not lie. The position might be sustained if the right of appeal depended alone upon the provisions of the Drainage act. Such, however, is not the case. Section 241, chapter 37, (Starr & Curtis’ Stat.) p. 729, in clear and express terms provides for an…