Alspaugh v. Ben Franklin Draining Ass'n

This action Avas brought by the appellee

against the appellant, to recover the amount of an assessment made in favor of the appellee against the lands of the appellant, for the construction of the drain of said association, and to enforce the same as a lien against the lands on Avhich it Avas made. Issue was formed; there Avas a trial by the court, a finding for the plaintiff, and judgment for the amount of the finding and for the enforcement of the lien.

Errors are assigned as follows:

I. Overruling a motion to dismiss the action.

2. Overruling the demurrer of the defendant to the amended…