Evening Republican, Volume 15, Number 123, Rensselaer, Jasper County, 24 May 1911 — Supreme Court Affirms the Dexter Ditch Decision. [ARTICLE]
Supreme Court Affirms the Dexter Ditch Decision.
The supreme court of the state in an opinion just issued affirms the decision in the Jasper circuit court in the matter of the Dexter ditch, appealed by Mrs. Williams. The Dexter petition provided for the redredglng of the Lakin ditch. The court held that it will not consider questions not Involving the jurisdiction of the lower court and not raised in court below. It held that the court below can correct any defective descriptions of property assessed which are brought to its attention and that the commissioners are not required to state in their report that the drain will provide “ample means for drainage,” etc., but it will be presumed such was found if there is no denial of the capacity of the drain in the court below, as that question can be put in issue by any remonstrator.
