City of Plattsburg v. Kellogg

It seems to me that the defendants have waived any objections to the form of the petition or to the qualification of commissioners.

When the petition was presented to the court on May 10, 1937, defendants were represented by counsel who appeared personally, served formal notice of appearance and interposed no objection to the petition or to the commissioners who were then appointed.

On June 11, 1937, the commissioners met. Counsel for defendants was not present, but it appears on the record in the minutes of the commissioners that he stated over the telephone that he was not going to pay any…