40 Ind. App. 639 | Ind. Ct. App. | 1907
This suit was brought by the appellant to set aside certain proceedings had in the Jay Circuit Court in the attempted establishment of a ditch, to enjoin the construction of said ditch, and to quiet his title as to assessments made against his lands for the construction thereof. The complaint avers appellant’s ownership of certain described lands in Jay county, Indiana, having thereon a fresh-water lake of more than ten acres of surface, of the value of $10,000, and alleges that, on a day named, certain of the appellees filed in the Jay Circuit Court their drainage petition, wherein they alleged that their lands could be best drained by the construction of an open ditch along and over the course of the Salamonie river, between points named, for a distance of more than twenty-one miles; that such proceedings were had upon said petition that said matter was referred to certain drainage commissioners, who
The appellant also contends that, since the order establishing the drain was e,ntered on the order-book and signed by the judge in vacation, it is void. The finding of the court on this point was that on June 22, 1905, in open court, the Honorable Richard K. Erwin, sitting as special judge, pronounced the judgment of the court confirming the report of the commissioners and establishing the drain, and appointed a superintendent of construction; that minutes of these orders were at that time transcribed on the court’s
Judgment affirmed.