175 Ind. 88 | Ind. | 1910
On April 12, 1909, appellees filed with the clerk of the Huntington circuit court a petition to cause an open ditch, previously constructed in pursuance of proceedings in that court, to be tiled for a distance less than
The overruling of appellants’ demurrers and the striking-out of their remonstrances have been properly assigned as errors.
No objection to the sufficiency of the petition has been called to our attention; but in the separate demurrer of appellant Rinker the jurisdiction of the court over the subject-matter is challenged, and, as we understand appellants’ position, that is the ground of attack upon the petition.
The remonstrances of appellants Rinker and Truitt, for statutory causes, were not filed until June 15, 1909, which was sixteen days after the date for hearing the report, exclusive of that date and Sundays. These remonstrances came too late, and were rightly stricken out by the court. Smith v. Biesiada (1910), 174 Ind. 134.
We think, taking all these provisions together, it was the intent and purpose of the legislature to authorize a two-thirds remonstrance in all ditch proceedings under this act. In the case of Honnold v. Endicott (1908), 170 Ind. 16, involving the construction of a ditch less than two miles in length, at a cost not exceeding $300, under the drainage act of 1905, the right to file a two-thirds remonstrance was tacitly recognized. The practice and procedure necessary to the establishment of ditches of diverse character, and in different courts is so blended and confused as to make it difficult to determine just when the rights conferred must be exercised.
Appellants’ remonstrance was not filed in this case until May 29, 1909, and was accordingly not in time. For that reason it was properly stricken out by the court. City of Peru v. Cox (1909), 173 Ind. 241.
No error appearing, the judgment is affirmed.