Legal Opinion

City of Huntington v. Amiss

Indiana Supreme Court

Decided November 23, 1906No. 20,677PublishedCited by 4 opinions

From Huntington Circuit Court; Hiram Brownlee, Special Judge. Petition by the City of Huntington, against which Joseph G. Amiss and others remonstrate. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtMonks, J.

Appellant brought this proceeding under the act of 1891 (Acts 1891, p. 304, §§3598-3606 Burns 1901) to secure an inlet and an outlet for the drainage of said city. A demurrer to the petition was filed, which set forth as grounds therefor: (1) The court has no jurisdiction of the subject-matter of said action and petition. (2) Said petition does not state facts sufficient to constitute a cause of action. A motion to “dismiss and strike out all the proceedings” was filed by James E. Bippus and Sarah Bippus, on.the grounds: “(1) That there is no law providing for the construction of the drain as…

2Cases cited12 opinions

  1. Osburn v. StateIndiana Supreme Court · 1905
  2. Heick v. VoightIndiana Supreme Court · 1887
  3. Poundstone v. BaldwinIndiana Supreme Court · 1896
  4. Bradley v. City of FrankfortIndiana Supreme Court · 1885
  5. Hanson v. CruseIndiana Supreme Court · 1900

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3Cited by4 opinions

  1. Bemis v. Guirl Drainage Co.Indiana Supreme Court · 1914
  2. Barton v. StateIndiana Supreme Court · 1960
  3. Seybold v. RehwaldIndiana Supreme Court · 1911
  4. City of Huntington v. BucherIndiana Court of Appeals · 1910

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