Forsyth v. Hammond
Supreme Court of the United States
CERTIORARI TO THE COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The legislation of Indiana authorizes the annexation of contiguous territory to the limits of a city with or without the consent of the owner. The statutory provisions in respect thereto, found in 1 Horner’s An. Ed. Ind.
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CERTIORARI TO THE COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The legislation of Indiana authorizes the annexation of contiguous territory to the limits of a city with or without the consent of the owner. The statutory provisions in respect thereto, found in 1 Horner’s An. Ed. Ind. Stat. 1896 are printed in the margin.1 The city of Hammond is situated in the county of Lake, and in 1893 it instituted proceedings to extend its limits over a large tract of contiguous territory, some of which at least was not laid off and platted into lots. The application was denied by the board of county…
1Opinion of the Court
Mr. Justice Brewer,
after stating the case, delivered the opinion of the co.urt.
The first proposition of counsel for plaintiff is that the writ of certiorari was prematurely issued, and that this court could not at that time rightfully take jurisdiction of the case because there had been no final decree. The Court of Appeals simply reversed the decree of the Circuit Court and remanded the case for further proceedings. This contention involves two matters: First, the question of power, and second, that of propriety. It may be that the question of propriety should be considered as foreclosed by…
2Cases cited29 opinions
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3Cited by147 opinions
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