Legal Opinion

Shirk v. Hupp

Indiana Supreme Court

Decided June 22, 1906No. 20,725PublishedCited by 6 opinions

From Cass Circuit Court; David D. Fickle, Judge. Suit by William Hupp against Elbert W. Shirk, trustee. From a decree for plaintiff, defendant appeals.

1Opinion of the CourtHadley, J.

Appellee, as the contractor, instituted this suit to foreclose a lien against the real estate of appellant for the improvement of a street in the city of Logansport under the act of 1901 (Acts 1901, p. 534, §3623a et seq. Burns 1901). A demurrer to the complaint for insufficiency of facts was overruled, and the issue closed by a general denial. There was a trial by the court, and special findings and conclusions of law in favor of appellee. Appellant’s motion for a new' trial, and to modify the decree were overruled. Error is assigned on all adverse rulings.

1. Appellant’s first objection to…

2Cases cited4 opinions

  1. Dowell v. Talbot Paving Co.Indiana Supreme Court · 1894
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FishIndiana Supreme Court · 1902
  3. Judy v. ThompsonIndiana Supreme Court · 1901
  4. Scott v. HayesIndiana Supreme Court · 1904

3Cited by6 opinions

  1. Indiana Department of Environmental Management v. Medical Disposal Services, Inc.Indiana Supreme Court · 2000
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. SchmuckIndiana Supreme Court · 1913
  3. Feigel Construction Corp. v. City of EvansvilleIndiana Court of Appeals · 1958
  4. White v. SlossIndiana Supreme Court · 1964
  5. Indianapolis Railways, Inc. v. City of IndianapolisIndiana Supreme Court · 1951

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