Jerrell v. Etchison Ditching Ass'n
This text of 62 Ind. 200 (Jerrell v. Etchison Ditching Ass'n) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Complaint to enforce the alleged lien of a ditching assessment.
Demurrer to the complaint, for want of facts, overruled, and exception reserved.
[201]*201Decree 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.
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