Legal Opinion

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Oglesby

Indiana Supreme Court

Decided November 28, 1905No. 20,598PublishedCited by 15 opinions

Erom Eayette Circuit Court; Ferdinand 8. Swift, J udge. Suit by Joseph E. Oglesby and another against the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company. The city of Rushville was impleaded. Erom a decree in favor of plaintiffs and the city of Rushville, defendant appeals. Transferred from Appellate Court under §1331^ Burns 1901, Acts 1901, p. 590.

1Opinion of the CourtMontgomery, J.

This action was brought by appellees Oglesby and Kelly to foreclose a lien upon appellant’s property on account of street improvements made by them as contractors under a contract with the appellee city of Rushville. Appellant’s demurrer to the complaint for statutory causes was overruled, and an answer in two para*544graphs filed. The first paragraph of answer was a general denial, and the second alleged, among other things, that appellant’s predecessor was, on the 20th day of December, 1882, the owner in fee of a certain tract of ground in the city of Rushville in use for depot purposes, and…

2Cases cited14 opinions

  1. City of Des Moines v. HallSupreme Court of Iowa · 1868
  2. Mayne v. Board of CommissionersIndiana Supreme Court · 1890
  3. Becker v. Baltimore & Ohio Southwestern Railway Co.Indiana Court of Appeals · 1897
  4. Vrana v. City of St. LouisSupreme Court of Missouri · 1901
  5. T.M. Ry. Co. v. S.W. Tel. Tel. Co.Court of Appeals of Texas · 1900

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3Cited by15 opinions

  1. Taylor v. StrayerIndiana Supreme Court · 1906
  2. State Ex Rel. Milligan v. Ritter's EstateIndiana Supreme Court · 1943
  3. Moorhouse v. KunkalmanIndiana Supreme Court · 1911
  4. Kingan & Co. v. OssamIndiana Court of Appeals · 1918
  5. Drainage District No. 7 v. BernardsOregon Supreme Court · 1918

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