Board of Com'rs. v. State Ex Rel. Gibson

The Board of Commissioners of Adams County, Indiana, and others, have appealed to this court from a judgment of the Adams Circuit Court mandating them to issue bonds for the construction of the Fennig Drain. That drain has quite a legal history. The original petition was filed in the Adams Circuit Court in 1926 and judgment establishing the drain was entered in 1933. There was an appeal to this court and the lower court was affirmed in 1937.

In 1937, the legislature passed an act, Acts 1937, ch. 22, to terminate ditch proceedings which were commenced prior to January 1, 1927, and which had not…