ARBOGAST v. MYERS

Supreme Court — Dismissal — No debatable constitutional question involved — Injunction — Assessment for cleaning and improving single county ditch — No showing of fraud in causing waiver of statutory appeal — Allegation assessment exceeded benefits — Inviolability of private property — Section 19, Article I, Constitution.

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., MATTHIAS, HART, ZIMMERMAN, BELL and TURNER, JJ., concur.

WILLIAMS, J., not participating.