Legal Opinion

Cory v. Swagger

Indiana Supreme Court

Decided May 13, 1881Published

Appeal from Grant Circuit Court. cited Scraper v. Pipes, 59 Ind. 158, as to certainty of description; DeLong v. Schimmel, 58 Ind. 64; Farmer v. Pauley, 50 Ind. 583, as to effect of the word “about;” McKinsey v. Bowman, 58 Ind. 88, as to “necessity;” Western Plank Road Co. v. Stockton, 7 Ind. 500; Becker v. Turnpike Co. (May 12, 1879), as to distinction between route and termini; DeLong v. Schimmel, 58 Ind. 64; Farmer v. Pauley, 50 Ind. 583; Scraper v. Pipes, 59 Ind. 164-5;…

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Appeal from Grant Circuit Court. cited Scraper v. Pipes, 59 Ind. 158, as to certainty of description; DeLong v. Schimmel, 58 Ind. 64; Farmer v. Pauley, 50 Ind. 583, as to effect of the word “about;” McKinsey v. Bowman, 58 Ind. 88, as to “necessity;” Western Plank Road Co. v. Stockton, 7 Ind. 500; Becker v. Turnpike Co. (May 12, 1879), as to distinction between route and termini; DeLong v. Schimmel, 58 Ind. 64; Farmer v. Pauley, 50 Ind. 583; Scraper v. Pipes, 59 Ind. 164-5; Spahr v. Schofield (May 16, 1879), as to description of course and termini; Banister v. Grassy Fork Ditching Co., 52 Ind.…

1Opinion of the Court

Opinion of the court by

Mr. Justice Elliott.

The appellee petitioned the board of commissioners of Grant county “ to establish a ditch;” the prayer of the petition was granted *258and the ditch established. Appellants carried the case by appeal to the circuit court, where trial was had, resulting in a verdict and judgment in favor of the appellee.

Motions were made to dismiss appellee’s petition and to set aside the report of the reviewers. These the court overruled.

Appellants urge in support of their attack upon the petition that it is insufficient, because it does not properly describe the ditch…

2Cases cited10 opinions

  1. Scraper v. PipesIndiana Supreme Court · 1877
  2. Turley v. OldhamIndiana Supreme Court · 1879
  3. McKinsey v. BowmanIndiana Supreme Court · 1877
  4. Coyner v. BoydIndiana Supreme Court · 1876
  5. Freck v. ChristianIndiana Supreme Court · 1876

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