189 Ind. 177 | Ind. | 1920
This is a proceeding to reconstruct- and improve a public drain in Boone county, Indiana, by dredging, and was brought under the Drainage Act of 1907. It is proposed to reconstruct and improve what has been heretofore known and designated as the Heath and Lane ditch. The drainage commissioners in their report locate the drain over the line of the Heath and Lane ditch. In the petition each owner of a tract of land which heretofore had been assessed for construction and clean-out on the Heath and Lane ditch was given a description of his lands which had been so assessed, and each was duly notified of the proceedings. In the report of the drainage commissioners the new drain was to be widened, deepened and lengthened, and other land and owners were brought into the proceedings by the report. About one-half of the owners of lands named .in the report'as affected and benefited in the report of the drainage commissioners remonstrated.
The remonstrants each filed separate and several
The issues, of fact made by these separate and several remonstrances of appellants were tried and decided in favor of the appellees, and judgment was rendered against the appellants, approving and confirming the report of the drainage commissioners, confirming the assessments therein made without change or modification, and ordering the drain established and constructed, and from such judgment appellants appeal.
The only error correctly assigned and not waived is: “The court erred in overruling the separate and several motions of appellants for a new trial.” One of the causes for a new trial alleged by each of appellants was: “Irregularity in the proceedings of the petitioners and the inadvertence of the court by which the remonstrators were prevented from having a fair trial of this cause in this, to wit: That two of the drainage commissioners, who served as such in this cause and who assessed the benefits upon the lands of these several remonstrators, were related within the sixth degree of consanguinity. to various land
It follows from what we have said that the finding of the court is not sustained by sufficient evidence as to the assessments made against the several tracts of land on the last-named appellants.
Judgment reversed, with instructions' to the trial court to sustain appellants’ motion for a new trial.