McIntire v. McLain Ditching Ass'n

This was an action by the McLain Ditching Association against the appellant, to enforce the payment of an assessment of benefits to certain lands of the appellant.

There was issue, trial by jury, verdict for plaintiff, motion for a new trial made and overruled, and judgment on verdict.

The insufficiency of the complaint is assigned for error, and this imposes upon us the duty of determining whether upon the facts stated in the complaint the plaintiff was entitled to the relief demanded and adjudged. Livesey v. Livesey, 30 Ind. 398.

The first objection urged to the complaint is, that it does not…