McMullen v. State ex rel. Kendle

Zollars, J. —

Appellee, as a commissioner appointed by the court to construct a drain, brought this action to collect assessments made against appellant’s lands.

The drain was constructed under the act of 1881, R. S. 1881, section4273, et seq., as amended by the act of 1883, Acts 1883, p. 173. The record shows that, on the 7th day of February, 1884, the petition was filed in the clerk’s office with the indorsement thereon that the petitioner fixed the 7th day of February, 1884, as the day for docketing thereof. On that day the petition was presented to the court, and the court made the…