Legal Opinion

Nisius v. Chapman

Indiana Supreme Court

Decided November 22, 1912No. 22,159PublishedCited by 13 opinions

Prom Jasper Circuit Court, Charles W. Hanley, Judge. Appeal to the circuit court by James O. Chapman from an order of the board of commissioners of Jasper County, sustaining the petition of Joseph Nisius and others for the, improvement of a highway. From a judgment of the circuit court dismissing the petition, the petitioners appeal.

1Opinion of the CourtSpencer, J.

Appellants filed a petition in the commissioners’ court of Jasper county, Indiana, for the improvement of certain highways in Jordan township, in said county, as provided by §7711 et seq. Burns 1908, Acts 1905 p. 521. The petition was set for hearing June 6, 1911, and notice given in compliance therewith.

On said date, appellee, as a taxpayer of said township, owning land directly affected by the proposed improvement, filed a written motion in commissioners’ court challenging the jurisdiction of the board, and praying a dismissal of said petition. The board overruled said motion and sustained…

2Cases cited11 opinions

  1. Western Union Telegraph Co. v. LockeIndiana Supreme Court · 1886
  2. Strebin v. LavengoodIndiana Supreme Court · 1904
  3. Mak-Saw-Ba Club v. CoffinIndiana Supreme Court · 1907
  4. Hall v. McDonaldIndiana Supreme Court · 1908
  5. Barnes v. WagenerIndiana Supreme Court · 1907

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3Cited by13 opinions

  1. Collins v. LayboldIndiana Supreme Court · 1914
  2. Barr, Trustee v. Geary, AuditorIndiana Court of Appeals · 1924
  3. Bell v. Wabash Valley Trust CompanyIndiana Court of Appeals · 1973
  4. Kurtz v. PhillipsIndiana Court of Appeals · 1916
  5. Greyhound Lines, Inc. v. VanoverIndiana Court of Appeals · 1974

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