Jerrell v. Etchison Ditching Ass'n

62 Ind. 200

Opinion

Perkins, J.

Complaint to enforce the alleged lien of a ditching assessment.

Demurrer to the complaint, for want of facts, overruled, and exception reserved.

Decree below for the appellee.

The assessment was the foundation of the action, and a copy of it should have been filed as an exhibit, with the complaint. West v The Bullskin, etc., Ditching Co., 19 Ind. 458; Etchison Ditching Association v. Hillis, 40 Ind. 408; Alkire v. The Timmons Ditching Co., 51 Ind. 71; Alspaugh v. The Ben Franklin Draining Association, 51 Ind. 271.

A copy of the assessment was not filed.

The complaint was fatally defective on demurrer.

The overruling of the demurrer to the complaint is assigned for error m this court.

The court erred in overruling the demurrer to the complaint.

The judgment is reversed, with costs, and the cause remanded for further proceedings.