Legal Opinion

Jackson v. Smith

Indiana Supreme Court

Decided October 31, 1889No. 14,626PublishedCited by 67 opinions

From the Howard Circuit Court.

1Opinion of the CourtElliott, C. J.

This controversy arises out of the proceedings of the common council of the city of K'okomo ordering that walls be placed along the banks of a watercourse, which flows through the city and is part of its system of drainage, and directing an assessment upon private property to pay the expense of making the improvement. The appellant seeks to quiet her title and asserts that the proceedings were absolutely void.

It will make our path the easier to travel if we first dispose of some matters which, although of a preliminary nature, are important. This action is a collateral and not a direct attack…

2Cases cited35 opinions

  1. The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1838
  2. City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
  3. Palmer v. StumphIndiana Supreme Court · 1868
  4. Board of Commissioners v. MarkleIndiana Supreme Court · 1874
  5. Ricketts v. SprakerIndiana Supreme Court · 1881

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3Cited by67 opinions

  1. McCoy v. AbleIndiana Supreme Court · 1892
  2. Ballman v. DuffecyIndiana Supreme Court · 1952
  3. Perkins v. HaywardIndiana Supreme Court · 1892
  4. Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
  5. Thompson v. Terminal Shares, Inc.Court of Appeals for the Eighth Circuit · 1937

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