Opinion
No. 33201
Decided November 19, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Joint county ditch improvement — Assessments levied according to benefits, when — Silt and sewage from upper lands settled into lower ditch — Lower ditch overflow deposited silt and sewage on lower lands — Right to assess upper lands for improvement — Benefit to upper lands — Necessity for acceleration of flow through upper lands — Bond — Section 6446, General Code — Sufficiency of — Where based on petitioner's erroneous estimate of improvement length — Appeal — Grounds for — Procedure on appeal — Evidence — Due process — Section 16, Article I, Constitution — Inviolability of private property — Section 19, Article I, Constitution.
APPEAL from the Court of Appeals for Henry county.
Mr. Marlow Witt, prosecuting attorney, Mr. David Meekison, Mr. George A. Meekison and Mr. Otto Hess, for appellees.
Mr. John H. Barber, prosecuting attorney, and Messrs. Newcomer, Newcomer Shaffer, for appellants.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.