Shoner v. Frisbie

The opinion of the court was delivered by

Porter, J.:

The plaintiffs brought suit to enjoin the collection of taxes levied against their lands by the board of county commissioners to construct and pay for a bridge on a public highway over what is known as the “Colley Ditch.” The court overruled the demurrer to the petition, and the defendants, electing to stand on the demurrer, have brought the case here for review.

The Colley ditch was established and constructed in 1893 by the county board pursuant to the provisions of chapter 204 of the Laws of 1891. The ditch was-built at the expense of the…