Scruggs v. Reese

This is an appeal from a proceeding for the establishment of a drain.

The appellees filed their petition in the Morgan Circuit Court, and procured the drain under and pursuant to the act of April 6th, 1885 (Acts 1885, p. 129). The appellants were remonstrants. The objection to the proceeding presented in the briefs of counsel relate exclusively to the jurisdiction of the court. This objection was made in the circuit court on motion to dismiss and as a cause of remonstrance.

The petition describes the drain proposed to be constructed as beginning at a designated point and “ running thence north,…