Smith v. Duck Pond Ditching Ass'n

This was an action by the appellee against the appellant, to collect an assessment upon the appellant’s lands for draining purposes.

*236Issue,- trial by the court, finding and judgment for the plaintiff.

"We will notice such points as are made, in the brief of counsel for the appellant, for a reversal of the judgment.

It is insisted that the complaint was bad.

It appears by the complaint that the plaintiff was organized as a corporation under the act which took effect May 22d, 1869, 3 Ind. Stat., p. 222. The complaint shows that an estimate had been made of the cost of the construction of the ditch,…