Ashley v. Kelley

On Petition for Rehearing.

Nichols, C. J.

On rehearing, appellant earnestly contends that a statute of a state providing for one landowner to compel his adjoining neighbor to contribute to the building of a fence on the line between their lands for the exclusive benefit of another would be unconstitutional. That appellant has thereby presented no constitutional question, see, In re Petition of Pittsburgh, etc., R. Co. (1897), 147 Ind. 697, 47 N. E. 151; Durham v. State, ex rel. (1892), 133 Ind. 422, 31 N. E. 787; Hobbs v. Gibson School Tp. (1924), 195 Ind. 1, 144 N. E. 527; Ewbank’s Manual, (2d…