Legal Opinion
Lowe v. Board of Commissioners
Indiana Supreme Court
Decided April 17, 1884No. 11,328PublishedCited by 17 opinions
From the Howard Circuit Court.
1Opinion of the CourtElliott, J.
The-ruling question in this case is this: Can the public square of a county be sold on a precept issued on an assessment levied for the cost of improving a street ?
The term “public square” has acquired a legal meaning, and courts adopt that meaning in all cases where the term is not shown by the language with which it is associated to have a different signification. The public square of a county is property of a public nature, held for governmental or public purposes. Westfall v. Hunt, 8 Ind. 174; Com. v. Bowman, 3 Pa. St. 202; Langley v. Gallipolis, 2 Ohio St. 107.
The general rule is that…
2Cases cited7 opinions
- Inhabitants of Worcester County v. Mayor of WorcesterMassachusetts Supreme Judicial Court · 1874
- Leonard v. . City of BrooklynNew York Court of Appeals · 1877
- President of the Indianapolis & Bellefontaine Railroad v. City of IndianapolisIndiana Supreme Court · 1859
- First Presbyterian Church v. City of Fort WayneIndiana Supreme Court · 1871
- Board of Commissioners v. O'ConnerIndiana Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Chadwick, Treasurer v. City of CrawfordsvilleIndiana Supreme Court · 1940
- Board of Directors v. Bodkin Bros.Tennessee Supreme Court · 1902
- Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
- Brooks v. One Motor Bus Carrying 1937-38 S. C. License V-1357, Motor No. 45590, Serial No. 40476Supreme Court of South Carolina · 1939
- Rausch v. Trustees of the United Brethren in Christ ChurchIndiana Supreme Court · 1886
12 more not listed; retrieve them via the Exa API.