Nickley v. Stearns Ranchos Co.

—This action was brought under the authority of an act of the legislature, entitled “An act to provide a system of drainage for agricultural, swamp, and overflowed lands” (Stats. 1881, p. 15), to condemn lands of the defendants for the purpose of constructing a ditch. The complaint set forth the proceedings taken in accordance with the statute under which it is asserted that the right to prosecute this action was acquired. A general demurrer to the complaint was sustained and judgment entered for defendants.

In support of the demurrer the respondents insist that the act of 1881 above referred…