Legal Opinion

Beery v. Driver

Indiana Supreme Court

Decided March 8, 1906No. 20,668PublishedCited by 5 opinions

From Allen Circuit Court; Owen N. Heaton, Special Judge. Drainage proceedings by John S. Driver and others against which Henry Beery and others remonstrate. From a judgment for petitioners, remonstrants appeal.

1Opinion of the CourtMontgomery, J.

This is a proceeding for the establishment of a ditch, begun before the Board of Commissioners of the County of Allen, in which appellees were petitioners and appellants were remonstrators. The board rendered a final judgment establishing the ditch, from which an appeal was taken to the circuit court, where a trial by jury resulted in a verdict and judgment in favor of the petitioners.

Appellants jointly and severally assign as error the overruling of their motion for a new trial.

Complaint is made in the motion for a new trial of the insufficiency of the evidence to sustain the verdict, and of…

2Cases cited13 opinions

  1. Yost v. ConroyIndiana Supreme Court · 1883
  2. Brunker v. CumminsIndiana Supreme Court · 1892
  3. Ohio & Mississippi Railway Co. v. PearcyIndiana Supreme Court · 1891
  4. Johnson v. AndersonIndiana Supreme Court · 1896
  5. Scott v. StateIndiana Supreme Court · 1878

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cincinnati, Hamilton & Dayton Railway Co. v. ArmuthIndiana Supreme Court · 1913
  2. Logan, Admx. v. LoganIndiana Court of Appeals · 1932
  3. Sharp v. EatonIndiana Supreme Court · 1911
  4. Zollman v. Baltimore & Ohio Southwestern RailroadIndiana Court of Appeals · 1918
  5. Hinesley v. CrumIndiana Supreme Court · 1910

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