Indiana Supreme Court April 26, 1894, No. 16,775 (Uhl v. Moorhous)

Hackney, J.

The appellant sued to enjoin the enforcement of an assessment for the construction of a public drain through his lands. The only defect in the drainage proceeding alleged as a cause for injunction was that the owner of the lands, at the time of said proceeding, was not a party to, and had no notice of, the proceeding.