Lake Erie & Western Railroad v. Bowker

This action is prosecuted by the appellee against the appellant, for the enforcement of certain sewer assessment liens claimed to be held by the appellee, as contractor, upon the appellant’s right of way and depot lot in the city of Kokomo.

There was a trial by the court, and a finding and personal judgment in favor of the appellee.

The first error complained of by appellant’s counsel is the overruling of its petition to make the city of Kokomo a party to the action.

In the petition, it is alleged that the appellant had no notice whatever of the proceedings to establish the sewer, or that it…