Legal Opinion

Cummins v. Pence

Indiana Supreme Court

Decided April 8, 1910No. 21,472PublishedCited by 14 opinions

From Wells Circuit Court; Charles E. Sturgis, Judge. Highway proceeding by George O. Pence and others, against which Robert F. Cummins remonstrates. From a judgment for petitioners, remonstrant appeals.

1Opinion of the CourtMyers, J.

This was a proceeding under the gravel road law of 1905 (Acts 1905 p. 521) as amended in 1907, for the improvement of public highways by taxation.

A petition was filed by appellees, and notice thereof given of the time and place set for hearing. The board of commissioners dismissed the proceeding, and appellees appealed to the circuit court, where the matter was heard and remanded to the board of commissioners to proceed under the petition, which it did, to the point of ordering the improvement.

Appellant filed an affidavit of interest under §6021 Burns 1908, §5772 R. S. 1881, and appealed to…

2Cases cited37 opinions

  1. Bell's Gap Railroad v. PennsylvaniaSupreme Court of the United States · 1890
  2. Spencer v. MerchantSupreme Court of the United States · 1888
  3. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BackusSupreme Court of the United States · 1894
  4. Reetz v. MichiganSupreme Court of the United States · 1903
  5. State v. GerhardtIndiana Supreme Court · 1896

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3Cited by14 opinions

  1. Lutz, Atty.-Gen. v. Arnold, Atty. Tr.Indiana Supreme Court · 1935
  2. Metsker v. WhitsellIndiana Supreme Court · 1914
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
  4. Slater v. StoffelIndiana Court of Appeals · 1966
  5. State Ex Rel. Mental Health Commissioner v. Estate of LottsIndiana Court of Appeals · 1975

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