City of Terre Haute v. Blake

The appellee brought this action against the appellant to recover the amount assessed in his favor as damages for property taken in a proceeding to open a street in the city of Terre Haute.

Upon issues joined, there was atrial by the court, and a finding and judgment in favor of the appellee.

This cause was appealed to the Supreme Court upon the assumption that under the issues it was necessary to determine whether or not the court below should have issued a mandate for the collection of the benefits assessed. The Supreme Court decided that question adversely to the appellant, and transferred…