Scott v. State

Best, C.

The 5th section of the act of April 8th, 1881, provides that a commissioner of drainage may bring suit in the name of the State for his use to enforce a lien upon any land for the amount of benefits assessed upon it, and this suit was thus brought to enforce a lien upon the land of Mary R. Scott, one of the appellants, for the amount assessed by said commissioner in pursuance of the provision of said act. The assessment is the same mentioned in the case of Scott v. Brackett, post, p. 413. The complaint consisted of one paragraph. A demurrer for the want of facts was overruled to the…