Drinkwatter v. Eikenberry

Dissenting Opinion

Gilkison, J.

I agree with the majority opinion that the appointment of the county surveyors of Cass and Fulton counties as viewers for the proposed repair of a ditch, while probably an erroneous act, was not such an error as affected the jurisdiction of the court. Since appellant did not object to this erroneous action in the lower court, no question can be presented thereon, on appeal.

However, I am unable to agree with the majority opinion on the remaining propositions decided, for the reason that I believe the court below acted without jurisdiction of the subject matter, in…