Legal Opinion

Scott v. Hayes

Indiana Supreme Court

Decided April 29, 1904No. 20,236PublishedCited by 3 opinions

From Howard Superior Court; Hiram Brownlee, Judge. Action by William J. Hayes and others against Enos A. Scott and wife. From a judgment for plaintiffs, defendants appeal. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtDowling, J.

The appellees were the owners of certain street improvement bonds issued by the city of Kokomo under §4296 Burns 1894 of the act generally known as the Barrett law, and the amendments thereof, for the purpose of anticipating the collection of assessments. The appellant owned six lots bordering upon the part of the street improved, and, in consideration of the privilege of paying his assessment in ten annual instalments, he executed the agreement provided for by the statute, waiving all illegality and irregularity in the proceedings, and expressly promising to pay the sum of the assessments.…

2Cases cited5 opinions

  1. Lewis v. AlbertsonIndiana Court of Appeals · 1899
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FishIndiana Supreme Court · 1902
  3. Porter v. City of TiptonIndiana Supreme Court · 1895
  4. Martin v. WillsIndiana Supreme Court · 1901
  5. Indiana Bond Co. v. JamesonIndiana Court of Appeals · 1900

3Cited by3 opinions

  1. Shirk v. HuppIndiana Supreme Court · 1906
  2. Close v. TwibellIndiana Court of Appeals · 1910
  3. Feder, Rec. v. Gary State BankIndiana Court of Appeals · 1933

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