Morrow v. Geeting

Wiley, C. J. —

The surveyor of Howard county made assessments against the lands of appellees and others for the purpose of creating a fund to pay for cleaning out and repairing a public ditch. From such assessments appellees appealed to the circuit court. Issues were joined, trial by the court. At the request of one of the parties, the court made a special finding of facts, and stated its conclusion of law thereon. As its conclusion of law the court stated that appellees’ lands were not lawfully assessed, and rendered judgment accordingly. From this judgment the surveyor appealed, and this…