City of Indianapolis v. Gilmore
Indiana Supreme Court
APPEAL from the Marion Civil Circuit Court. Mary Gilmore and Daniel, her husband, sued tho city of Indianapolis, William II. Craft, treasurer of said city, ML-hael O’Connor, and Thomas Dorsey. The complaint is fully set out in the opinion.
Read the full summary
APPEAL from the Marion Civil Circuit Court. Mary Gilmore and Daniel, her husband, sued tho city of Indianapolis, William II. Craft, treasurer of said city, ML-hael O’Connor, and Thomas Dorsey. The complaint is fully set out in the opinion. A demurrer to the complaint by O'Connor and Dorsey having boon overruled and exception taken, these defendants answered in two paragraphs: first, the general denial; second, that tho common council of said city, on the 16th of April, 1866, passed an ordinance providing for the grading and graveling of Stevens street and the sidewalks thereof; that the…
1Opinion of the CourtErazer, J.
The appellees were plaintiffs below, and alleged in their complaint, that Mary, wife of Daniel, owned a lot in Indianapolis, bounded on the south by Stevens street; that in pursuance of a city ordinance, the common council contracted with the appellants O’Connor-and Dorsey, to grade and gravel, the street and sidewalks thereof; that the work was completed on the 2d day of July, 1866; that in performing.it the appellants wrongfully took and appropriated a strip of the lot, seven feet wide, bordering on the street, broke down the fence, and removed the soil and made a sidewalk thereon, under…
2Cited by4 opinions
- Jackson v. SmithIndiana Supreme Court · 1889
- Cason v. City of LebanonIndiana Supreme Court · 1899
- Reeves v. GrottendickIndiana Supreme Court · 1892
- Scott v. StringleyIndiana Supreme Court · 1892