
    Homer Purdy and others v. Timothy P. Martin.
    
      Drains: Notice : Jurisdiction. Proceedings to establish a drain through private lands, which fail to show service of notice upon those entitled thereto, are fatally defective.
    
      Drains : Proof of service: General allegation of due service: Conclusion of law. A mere general allegation in the return to a writ of certiorari to bring up for róvíew proceedings to establish a drain, that notice was duly served on the persons entitled, without naming them, is only an assertion of a conclusion of law, and is wholly insufficient as proof of service.
    
      Heard April 9.
    
    
      Decided April 13.
    
    
      Certiorari to Drain Commissioner of Wayne County.
    This writ was brought to review proceedings under the county drain law to establish a drain called the “ "Road Ditch,” in the township of Huron, Wayne county.
    
      Moore é Moore, for plaintiffs in certiorari.
    
    
      G. V. JSf. Lothrop, for defendant in certiorari.
    
   Per Curiam.

The record in this case is fatally defective in not showing service of notice on the several persons entitled thereto. In People v. Highway Commissioners of Nankin, 14 Mich., 528, it was decided that a mere general allegation that notice was duly served on the persons entitled, without naming the persons, was only an assertion of a conclusion of law, and wholly insufficient. We have always since followed this decision, and have seen no reason to doubt its correctness.

Proceedings reversed.  