Skillman v. State ex rel. Kerlin

Citations

• 93 Ohio St. (N.S.) 210

Syllabus

<p>County commissioners — Ditch improvement proceedings — Dismissal at costs of petitioners — After finding of necessity and granting petition, etc. — Sections 6447, 6451 and 6455, General Code.</p> <p>Where a petition is duly filed, praying for a county ditch improvement, and therewith a bond in compliance with the requirements of Section 6447, General Code, and in pursuance of the prayer of such petition and after due notice the county commissioners proceed in all respects as provided by Sections 6451 and 6455, General Code, and after actual view and full hearing, find said improvement is necessary and will be conducive to the public health, convenience and welfare, and grant the prayer of the petition, and costs are made and expenses incurred in pursuance of such finding and order, the county commissioners cannot thereafter, upon exceptions or otherwise, dismiss the proceeding at the cost of the petitioners.</p>