Verdigris River Drainage District No. 1 v. City of Coffeyville

The opinion of the court was delivered by

Smith, J.:

This was an action to recover money. Judgment was for plaintiff. Defendant appeals.

The plaintiff is a drainage district in Montgomery county. The action is brought to recover money which the drainage district was compelled to expend to repair a floodgate in the dike which was installed, pursuant to the terms of a contract between Montgomery county and the drainage district. The action was originally brought in Montgomery county, against the state highway commission, the city of Coffeyville and Montgomery county. Service was obtained on the…