Legal Opinion

Board of Commissioners v. Spangler

Indiana Supreme Court

Decided December 18, 1902No. 19,783PublishedCited by 20 opinions

From Owen Circuit Court; J. R. Miller, Special Judge. Suit by Jobn Spangler and others to enjoin the board of commissioners of Owen county from issuing gravel-road bonds, and levying and collecting a tax for the payment thereof. From a judgment for plaintiffs, defendant appeals.

1Opinion of the Court

Gillett, I.

— Appellees, who were the plaintiffs below, commenced this action on October 14, 1901, to enjoin the issuing of the series of bonds hereinafter referred to, and to enjoin the levying and collection of a tax for the payment of said bonds. A demurrer was filed to the complaint. The demurrer was overruled, and appellants excepted, and, electing to abide their demurrer, they refused to plead further. From a decree granting appellees the relief sought, appellants appeal to this court. An assignment of error presents the question as to the sufficiency of the complaint.

The complaint…

2Cases cited8 opinions

  1. State ex rel. Holt v. DennyIndiana Supreme Court · 1889
  2. Board of Commissioners of Huntington Co. v. HeastonIndiana Supreme Court · 1896
  3. Board of Commissioners v. DavisIndiana Supreme Court · 1894
  4. Board of Commissioners v. ConnerIndiana Supreme Court · 1900
  5. City of Indianapolis v. NavinIndiana Supreme Court · 1897

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3Cited by20 opinions

  1. City of Fort Worth v. BobbittTexas Supreme Court · 1931
  2. In Re Northwestern Indiana Telephone Co.Indiana Supreme Court · 1930
  3. State Ex Rel. Cittadine v. Indiana Department of TransportationIndiana Supreme Court · 2003
  4. School City of Rushville v. HayesIndiana Supreme Court · 1904
  5. Smith v. StateCourt of Criminal Appeals of Texas · 1932

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