188 Ind. 26 | Ind. | 1919
— Appellants, by petition filed in the Starke Circuit Court, on September 25, 1917, commenced this proceeding for the repair, deepening, enlarging and extending of what is known as the “Place ditch,” and certain arms thereof, as authorized by §19, Acts 1907 p. 508, §6174 Burns 1914. It appears from the petition that in 1901, by order of the Starke Circuit Court, the Place ditch, including what was known as the “Blain” and “Robinson” arms were ordered and constructed, and affected lands in Starke and LaPorte counties.
The petition is questioned only by a remonstrance challenging the jurisdiction of the Starke Circuit Court over the subject-matter of the proceeding. In substance, it shows that in a certain proceeding had in the LaPorte Circuit Court, begun March 26, 1909, pursuant to §§2, 3, and 4, Acts 1907 p. 508, §§6141, 6142, 6143 Burns 1914, that court, upon petition of William G. Kyle and others, laid out and established a new ditcli along the line of the Place ditch known as the “Kyle ditch,” as also the “Fell” arm, formerly the “Blain” arm, and the “Chapman” arm along the line of the Robinson arm of the Place ditch; that such proceedings were had by the LaPorte Circuit Court whereby the last-named ditch and arms thereof were established and completed and assessments made for the payment of the work. Appellants’ demurrer to this remonstrance was overruled, whereupon they answered by a general denial, and by affirmative matters not necessary to be here stated.
The issue thus formed was submitted to the court, trial had, facts specially found, and conclusions of law stated thereon as follows: (1) That the Starke Circuit Court “has no jurisdiction of the petition wherein
The findings, in substance, show that in a proceeding begun on April 15, 1901, what was known as the Place ditch and certain arms thereof known as the Blain and Robinson arms in Starke and LaPorte counties were established and constructed. On March 26, 1909, William G. Kyle and others commenced a proceeding in the LaPorte Circuit Court for the establishment and construction of a ditch which, as laid out and established, followed the line of the Place ditch from station 0 to station 425, and over the Blain and Robinson arms, thereafter known as the Kyle ditch, Fell and Chapman arms. Under the proceedings thus had the Kyle ditch and arms thereof were constructed according to the plans and specifications therefor, and all the lands theretofore assessed for the construction of the Place ditch were assessed to pay for the construction of the new ditch.
Judgment affirmed.
Note. — Reported in 121 N. E. 537. Judgment, eonclusiveness, collateral attack, 23 Cyc 1090; 23 Am. St. 104.