High v. Big Creek Ditching Ass'n
Indiana Supreme Court
Draining Association.—Appraiser.—Disqualification by Reason of Interest.—An appraiser, appointed to appraise the benefits and damages to accrue to land-owners along the line of a ditch, whose sister-in-law, niece, and nephew own land along the line of the ditch, is not a disinterested party, and is disqualified from acting. From the White Common Pleas.
1Opinion of the CourtBuskirk, J.
This was an action by the appellee against, the appellant, to enforce an assessment of benefits.
There was issue, trial by jury, verdict for plaintiff, and over a motion for a new trial, judgment on the verdict.
' The only error assigned is based upon the action of the court in overruling the motion for a new trial.
The principal reason relied upon for a reversal of the judgment is based upon the alleged error of the court in excluding competent evidence offered by appellant.
The second paragraph of the answer was as follows: “The defendant for a second paragraph, of answer to plaintiff’s…
2Cases cited3 opinions
- Dearmond v. DearmondIndiana Supreme Court · 1858
- Trullinger v. WebbIndiana Supreme Court · 1851
- Roy v. HavilandIndiana Supreme Court · 1859
3Cited by5 opinions
- State Ex Rel. Parker v. Vosloh, JudgeIndiana Supreme Court · 1944
- Bradley v. City of FrankfortIndiana Supreme Court · 1885
- Markley v. RudyIndiana Supreme Court · 1888
- Hudspeth v. HerstonIndiana Supreme Court · 1878
- Small v. BuchananIndiana Supreme Court · 1901