Featherston v. Small

Action by the appellant to enjoin the appellees against letting the work of cutting a part of a ditch, under the act approved March 9th, 1875, 1 R. S. 1876, p. 428. Four reasons are alleged for asking the injunction :

First. Because no notice was given to the plaintiff by the auditor of the filing and pendency of the petition for a ditch} and of the assessments of benefits to lands along the route of the ditch, in any manner whatever, as contemplated by law; that in any notices published the name of this plaintiff was wholly omitted.

Second. Because the affidavits of the viewers to their…