Prucka v. Eastern Sarpy Drainage District

I dissent from that part of the court’s opinion which holds that the legal existence of the district and the legal status of its officers can be litigated in this proceeding.

*305It is to be remembered that this is an appeal in a special statutory proceeding under section 31-413, R. R. S. 1943. The question is not: Can the question of the legality of the organization of a drainage district be challenged collaterally? That, however, is the question which the court poses and answers: The court quotes the statute and thereafter pays no further attention to it. It being a statutory matter it is my…