Smith v. Gustin
Indiana Supreme Court
Prom Allen Circuit Court; E. 0 ’Rourlze, Judge. Drainage petition by David C. Smith and others, against which Joseph H. Gustin and others remonstrate. Prom a judgment of the circuit court dismissing the cause, petitioners appeal.
1Opinion
On Petition for Rehearing.
Montgomery, J.
10. Appellees earnestly petition for a rehearing and submit matter which properly calls for a further statement with reference to the action of the court in directing a dismissal of their appeal from the - board of commissioners to the circuit court. It is insisted that the circuit court may determine as a question of fact whether an appeal bond was filed with the auditor, and *51to that end may hear oral evidence; citing McCrory v. Anderson (1885), 103 Ind. 12, and Miller v. O’Reilly (1882), 84 Ind. 168. There is no doubt of this proposition, and, if the…
2Cases cited6 opinions
- Drake v. StateIndiana Supreme Court · 1895
- Demaree v. JohnsonIndiana Supreme Court · 1898
- Warner v. CampbellIndiana Supreme Court · 1872
- Miller v. O'ReillyIndiana Supreme Court · 1881
- McCrory v. AndersonIndiana Supreme Court · 1885
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