Loesnitz v. Seelinger

The complaint in this case consists of two paragraphs, to each of which the circuit court sustained a *424demurrer, and thereupon the appellees had judgment for costs. The assignment of error calls in question the correctness of this ruling. Each paragraph seeks to obtain a decree enjoining the collection of an assessment made against the land of the appellant to aid in the construction of a free gravel road, and each proceeds upon the theory that the proceedings of the board of commissioners, resulting in the as-' sessment, are void.

In the first paragraph it is alleged that the board of…