Turpin v. Eagle Creek & Little White Lick Gravel Road Co.

This was an action by the appellants against the appellees, to enjoin the collection of an assessment made on the lands of the appellants for the construction of the road of the company, under the act of May 14th, 1869.

The defendants filed a demurrer to the complaint, on the ground that it did not state facts sufficient to-constitute a cause of action, and the demurrer was sustained by the court. This ruling of the court is assigned as error, and under that assignment the questions arise which are discussed, and which we are called upon to decide.

It is first contended, that the articles of…