Jerrell v. Etchison Ditching Ass'n

Decided May 15, 1878

Indiana Supreme Court · decided 1878-05-15

<p>Ditches and Drains. — Action to Collect Assessment. — Complaint.—An. assessment for ditching purposes is the basis of an action to enforce its collection, and, unless it be made part of the complaint in such an action, the complaint will be insufficient on demurrer.</p>

Cited by 2 later decisions — most recently October 1884

2 state decisions

Relies on West v. Bullskin Prairie Ditching Co. · Etchison Ditching Ass'n v. Hillis · Alspaugh v. Ben Franklin Draining Ass'n

Good law ✅— No negative treatment on recordhow we know

Decided 1878-05-15

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Perkins, J.

¶1Complaint to enforce the alleged lien of a ditching assessment.

¶2Demurrer to the complaint, for want of facts, overruled, and exception reserved.

¶3 *201Decree below for the appellee.

¶4The 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.

¶5A copy of the assessment was not filed.

¶6The complaint was fatally defective on demurrer.

¶7The overruling of the demurrer to the complaint is assigned for error m this court.

¶8The court erred in overruling the demurrer to the complaint.

¶9The judgment is reversed, with costs, and the cause remanded for further proceedings.