Brookings County v. Sayre

MORIARTY, C.

This action was brought by Brookings county, on behalf of certain persons, to recover from the defendants expenses incurred in preliminary proceedings on a drainage ditch petition. The defendants demurred to the complaint, and this appeal is from an order of the trial court overruling the demurrer.

There are 52 defendants named in the complaint. Of these *352defendants, 44 signed a ditch petition as provided for in section 8459, C. The other defendants signed as sureties on bonds given under the requirements of said section. Expenses were incurred in preliminary proceedings, and, after…