New Eel River Draining Ass'n v. Carriger

Indiana Supreme Court

New Eel River Draining Ass'n v. Carriger

30 Ind. 213

DecidedNovember 15, 1868

StatusPublished

This text of 30 Ind. 213 (New Eel River Draining Ass'n v. Carriger) 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.

Bluebook

New Eel River Draining Ass'n v. Carriger, 30 Ind. 213 (Ind. 1868).

Pincite

Opinion

Frazer, J.

The appellant, is a draining association incorporated-under the laws of this State. It sued to enforce against lauds benefited by its work, an assessment which had been made before its articles of association were recorded. This appearing by the complaint, a demurrer thereto was sustained by the court below.

There is no error. Until the articles óf association were recorded there could be, under the statute (1 G. & II. 303, sec. 5), no corporate existence, and, of course, no power to make a valid assessment upon the lands affected by the drain.

The judgment is affirmed, with costs.

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Frazer, J.

The appellant, is a draining association incorporated-under the laws of this State. It sued to enforce against lauds benefited by its work, an assessment which had been made before its articles of association were recorded. This appearing by the complaint, a demurrer thereto was sustained by the court below.

There is no error. Until the articles óf association were recorded there could be, under the statute (1 G. & II. 303, sec. 5), no corporate existence, and, of course, no power to make a valid assessment upon the lands affected by the drain.

The judgment is affirmed, with costs.

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Bluebook (online)

30 Ind. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-eel-river-draining-assn-v-carriger-ind-1868.