Smith v. Clifford

Franklin, C. —

Appellee brought this suit against appellants to collect a ditch assessment. This case has heretofore been before this court, and is reported in 83 Ind. 520. The judgment was then reversed, for the reason that no copy of the assessment was made a part of the complaint.

The complaint in the case under consideration appears to have been amended and filed February 6th, 1883, after the reversal of the former judgment, and is based upon a copy of the assessment. There was a demurrer overruled to the complaint, and the only assignment of error is based upon that ruling.

The first…