Jasper County Democrat, Volume 17, Number 98, Rensselaer, Jasper County, 17 March 1915 — CASE TO BE RETRIED [ARTICLE]

CASE TO BE RETRIED

Jasper Circuit Court Reversed by Supreme Court in Ryan Ditch Case. The supreme court has reversed the Jasper circuit court in ordering the construction of the big Ryan ditch in Jasper county. The petitioners for the ditch were John P. Ryan and others, while there were numerous objectors to the proceedings, but on the appeal the case stood as Ray D. Thompson et al against John P. Ryan et al. Friday’s decision sends the 'cause back to the trial court because, the judge assumed to dictate to the viewers the method for the construction of the ditch instead of confining himself to advising the viewers regarding the law governing the matter and allowing them to determine the facts, says the Indianapolis News. In reversing the case the court held - ; 1 ■■ > / ' ■ (1) Proceedings for construction of drain. The petition was amended by filing of new petition naming a new route for the drain on which new notices were issued. The petitioners can not object that names on first petition and not on amended petition are not made appellees. (2) Different rules prevail in term time appeals in drainage cases and ordinary civil cases, and the filing of the required amount of bond with the clerk in vacation, and approved by clerk, is an in term drainage appeal. Appellants need not sign the bond. (3) There was no error in permitting the petition to be amended to conform to route suggested by the province of the commissioners when, after hearing a portion of the remonstrance, it ordered the report to be amended, diminishing the ditch at certain places. “Neither the petitioners hor the remonstrators are permitted to question the wisdom of the commissioners in fixing the specifications of the drain, and the court had no power to change the same at the suggestion of either party or on his own motion.’’