McFarland, County Judge v. Burns, Drain. Com.

Opinion op the Court by

Judge Bees

Affirming.

The appellants, B. L. McFarland, county judge of Daviess county, B. W. Barrett, Bert Haley, and H. H. Hale, commissioners composing the fiscal court of Daviess county, and Daviess county, brought three actions in the Daviess circuit court against the appellee, S. A. Burns, as drainage commissioner of the county. These three action^ were placed upon the common-law docket in the lower court as actions Nos. 194.46, 19447, and 19485. The petition in action No. 19446, which is the qne involved on this appeal, alleged in substance that there had been…