The Northeastern Reporter Volume 59 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...as to the status of the lands as to prevent their annexation, on the owners thereof subsequently connecting them with the ditches of the district, which by the statute authorizes annexation. 2. An order annexing to a drainage district various tracts which the owners have connected with its ditches may be valid as to certain of the tracts, though, because of insufficient description, it is invalid as to others. 3. Where demurrer to a plea which is a complete answer to a declaration is overruled, and complainant elects to stand by the demurrer, defendant is entitled to judgment, though there are replications to other pleas. Appeal from circuit court, Montgomery county; S. S. Dwight, Judge. Quo warranto proceedings, on the relation of August Herman and others, against the Commissioners of Bug River Special Drainage District. Judgment for defendants. The relators appeal. Affirmed. Lane & Cooper and J. M. Truitt, for appellants. James M. Taylor and Zink, Jett & Kinder, for appellees. OARTWRIGHT, J. In August, 1897, the Bug River Special Drainage District, in the counties of Montgomery and Christian, was organized under the act of June 27, 1885, providing for such districts for farm drainage. 2 Starr & C. Ann. St. p. 1536. Appellees, who are commissioners of said drainage district, afterwards made an order, under section 42 of said act, which was filed in the office of the county clerk of Montgomery county, March 11, 1899, annexing to said district various tracts of land adjoining and contiguous to the original boundaries of the district in various places. The basis for the order of annexation was that the individual owners of said lands had connected the same with the ditches of the district, and had thereby ' voluntarily applied to be included in th...