Jackson v. State ex rel. Lindley

The complaint, the sufficiency of which is challenged by demurrer, seeks to enforce the collection of an assessment for the construction of a ditch.

It is not averred in the body of the complaint, that the appellant had notice of the proceedings, or that any notice whatever was given, and for this reason the appellant’s counsel insist that the court erred in overruling the demurrer.

*251The appellee attempts to parry the attack by the argument that the proceedings are set forth as an exhibit, and it there appears that notice was given. We do not think the appellee’s position can be maintained. It…