Hibben v. Smith
Supreme Court of the United States
ERROR TO THE 'SUPREME COURT OF THE STATE OF INDIANA. The plaintiff in error seeks by this writ to review the judgment of the Supreme Court of the State of Indiana, affirming, a judgment in favor of one of the defendants in error, William C. Smith, foreclosing the lien of an assessment levied upon certain real estate in the town of Irvington, belonging to the plaintiff in error.
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ERROR TO THE 'SUPREME COURT OF THE STATE OF INDIANA. The plaintiff in error seeks by this writ to review the judgment of the Supreme Court of the State of Indiana, affirming, a judgment in favor of one of the defendants in error, William C. Smith, foreclosing the lien of an assessment levied upon certain real estate in the town of Irvington, belonging to the plaintiff in error. The plaintiff Smith brought this action to foreclose the lien, and alleged in his complaint that he was the contractor for the doing of the work for a local improvement on Washington street in the town mentioned, and…
1Opinion of the CourtJustice Peckham
The Supreme Court of the State of Indiana has held the statute to be constitutional under which this hen was established and judgment entered for its foreclosure.' That court has held that under the state constitution an assessment arbitrarily by the front foot is unconstitutional, but that the statute in question provides only a rule of prima facie assessment by the front foot, and that such, assessments are subject to review and alteration by the common council or board of trustees upon the basis of special benefits received from the improvement, and the common council and board of trustees…
2Cases cited10 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Norwood v. BakerSupreme Court of the United States · 1898
- Spencer v. MerchantSupreme Court of the United States · 1888
- Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884
- Kelly v. PittsburghSupreme Court of the United States · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Londoner v. City and County of DenverSupreme Court of the United States · 1908
- Van Oster v. KansasSupreme Court of the United States · 1926
- Phillip Wagner, Inc. v. LeserSupreme Court of the United States · 1915
- People Ex Rel. Chapman v. Sacramento Drainage Dist.California Supreme Court · 1909
87 more not listed; retrieve them via the Exa API.