Legal Opinion

Boyce v. Tuhey

Indiana Supreme Court

Decided April 7, 1904No. 20,070PublishedCited by 8 opinions

Erom Delaware Circuit Court; J. G. Leffler, Judge. Action by Edward' Tubey against James Boyce and others to enforce a sewer construction lien. Plaintiff dismissed as to all except James Boyce. Erom a decree in favor of the plaintiff for $802.69 and the foreclosure of his lien, the defendant appeals.

1Opinion of the CourtJordan, J.

Appellee sued appellant to foreclose a lien on certain described real estate arising out of the assessment of benefits by reason of the construction of a sewer in the city of Muncie, Delaware county, Indiana.

The complaint contains but one paragraph, and alleges facts, in substance, as follows: At a regular meeting of the common council of the city of Muncie, held July 27, 1891, said council adopted, by a vote of three-fourths of all its members, a resolution declaring it necessary to construct a sewer in said city on Main street, from Madison street east to Beacon street.- The sewer was to be…

2Cases cited15 opinions

  1. City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
  2. Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
  3. Adams v. City of ShelbyvilleIndiana Supreme Court · 1900
  4. McEneney v. Town of SullivanIndiana Supreme Court · 1890
  5. Conn v. Board of CommissionersIndiana Supreme Court · 1898

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3Cited by8 opinions

  1. Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
  2. City of Globe v. WillisArizona Supreme Court · 1915
  3. Hyland v. RochelleIndiana Supreme Court · 1913
  4. Smith v. City of New AlbanyIndiana Supreme Court · 1910
  5. Beckett v. City of PortlandOregon Supreme Court · 1909

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