Smith v. Duck Pond Ditching Ass'n

This was an action by the appellee against the appellant to enforce an assessment of benefits. There was issue, trial by the court, finding for appellee, and, over a motion for a new trial, judgment on the finding.

The errors assigned call in question the action of the court in overruling the demurrer to the complaint, in sustaining demurrers to the fourth and fifth paragraphs of the answer, and in overruling the motion for a new trial.

Did the court err in overruling the demurrer to the complaint ?

The first objection urged by counsel for appellant to the complaint is, that it does not contain…