Kellogg v. Price

This was a proceeding under the draining law of March nth, 1867, 3 Ind. Stat. 228, commenced by the filing of a petition by the appellant before the board of commissioners of Howard county. So far as we have been able to discover, the petition contains all the requisites of the statute on the subject. The board of commissioners appointed three appraisers “ to view the proposed ditch and assess the benefits and damages according to law;” but the order of the the board does not show affirmatively that the persons so appointed were “ disinterested freeholders of the county in which the…