183 Ind. 347 | Ind. | 1915
— Appellants and other landowners filed a petition in the Dubois Circuit Court praying for the location, establishment and construction of a drain. Such proceedings were had as resulted in the appointment of viewers who reported in favor of the location and construction of the proposed ditch. The’system of drainage as reported by the commissioners was much more extensive than that described in the petition. A large area of the land Aas reported as affected and benefited and the owners of such lands were brought in by supplemental notices. After this report was filed, a large number of those whose lands were assessed as benefited filed remonstrances. The issues formed on these remonstrances were tried by the court, a general finding was made and judgment entered in favor of the remonstrators dismissing the petition at the cost of the petitioners. The only question properly presented for consideration on ap
There were three papers filed as remonstrances in the trial court, each of which was signed by a group of remonstrators. Two of these were so worded as to constitute a several assignment of each of the statutory grounds, and the
The trial court found that the proposed work could not be accomplished without a cost exceeding the total benefits, and this court can not say from the record that there is not evidence to support this finding. Judgment affirmed.
Note. — Reported in 108 N. E. 101. For instances of conclusiveness of judgment, see 14 Am. St. 250; 15 Am. St. 142. As to the procedure for the establishment of drains and sewers, see 60 L. R. A. 161. See, also, under (1) 3 Cyc. 181; (2) 3 C. J. 1415-1420; 2 Cyc. 1014; 3 Cyc. 388; (3) 14 Cyc. 1915 Anno. 1045-new; (6) 14 Cyc. 1041; (7) 14 Cyc. 1042.; 14 Cyc. 1915 Anno. 1042-new; (8) 14 Cyc. 1915 Anno. 1042-21; (9) 3 Cyc. 360; (11) 14 Cyc. 1915 Anno. 1042-new.