Green v. Beeson
Indiana Supreme Court
APPEAL from the Wayne Common Pleas. This was a suit by the appellees against the .appellants to enjoin the collection of taxes assessed against the plaintiffs for the construction of a turnpike under the act of March 6th, 1865. The substantial averments of the complaint are set forth in the opinion. The defendants answei^ed in three pax’agraphs: First, the general denial.
Read the full summary
APPEAL from the Wayne Common Pleas. This was a suit by the appellees against the .appellants to enjoin the collection of taxes assessed against the plaintiffs for the construction of a turnpike under the act of March 6th, 1865. The substantial averments of the complaint are set forth in the opinion. The defendants answei^ed in three pax’agraphs: First, the general denial. Second, that the Bentonville and Lockwood Turnpike Company is a body corporate, organized under tbe act of March- 6th, 1865, and amendatory acts, by virtue of the power and authority granted by the Boards of Commissioners of…
1Opinion of the CourtFrazer, J.
The question first to be disposed of in this case is as to the sufficiency of the complaint. The substantial allegations of it were as follows:
That the plaintiffs respectively own lands within three-fourths of a mile on either side of a turnpike, located partly in Fayette and partly in Wayne county, which is being constructed by a pretended corporation attempted to be organized under the act of March 6th, 1865, for the con*9struction of gravel and turnpike roads; that the turnpike to be constructed by the supposed' corporation is only four miles long, and within its necessary length of five…
2Cases cited1 opinion
- Evansville, Indianapolis & Cleveland Straight Line Railroad v. City of EvansvilleIndiana Supreme Court · 1860
3Cited by9 opinions
- Muncey v. JoestIndiana Supreme Court · 1881
- English v. SmockIndiana Supreme Court · 1870
- Ney v. SwinneyIndiana Supreme Court · 1871
- Knight v. Flatrock & Waldron Turnpike Co.Indiana Supreme Court · 1873
- Virginia Cañon Toll Road Co. v. People ex rel. VivianSupreme Court of Colorado · 1896
4 more not listed; retrieve them via the Exa API.