Legal Opinion
SMITH v. the Incorp. Town of Culver, Ind.
Indiana Supreme Court
Decided March 4, 1968No. 368S45PublishedCited by 13 opinions
1Opinion of the CourtArterburn, J.
This case comes to us on transfer from the Appellate Court of Indiana. (See opinion of Appellate Court as reported in 224 N. E. 2d 59.)
We find that the petitioners have made out a case for transfer to this Court from the Appellate Court on the basis that it contravenes a ruling precedent of this Court in the City of Aurora v. Bryant, et al. (1960), 240 Ind. 492, 503, 165 N. E. 2d 141, 147, wherein it is stated:
“The rule that this court (an appellate court) will not weigh evidence applies to a hearing by the trial court on a remonstrance in an annexation proceeding.”
This action arose in the…
2Cases cited3 opinions
- City of Aurora v. BRYANTIndiana Supreme Court · 1960
- ARNHOLT v. City of ColumbusIndiana Court of Appeals · 1957
- Smith v. Incorporated Town of CulverIndiana Court of Appeals · 1967
3Cited by13 opinions
- Chidester v. City of HobartIndiana Supreme Court · 1994
- DOAN v. City of Fort WayneIndiana Supreme Court · 1969
- Abell v. City of SeymourIndiana Court of Appeals · 1971
- Drake v. City of Fort WayneIndiana Court of Appeals · 1989
- Jackson v. City of JeffersonvilleIndiana Court of Appeals · 2002
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