Legal Opinion

Smith v. Fairfield

Indiana Supreme Court

Decided October 11, 1901No. 19,394PublishedCited by 14 opinions

From Allen Circuit Court; Edward O'Rourke, Judge. From a judgment in favor of Willard A. Fairfield and others establishing a drain, the remonstrators, Annie A. Smith and others, appeal.

1Opinion of the CourtHadley, J.

This is a vacation appeal from a proceeding under the drainage law of 1881 for the construction of a ditch. Appellees present fourteen reasons, for each of which, they insist, this appeal should he dismissed. One of these reasons is defect of parties appellant. The record is anomalous, but when fully understood exhibits the facts following: On April 9, 1897, before the county commissioners, upon the filing of the viewers’ report, -seventeen persons filed a joint and several remonstrance. The remonstrance having been decided against them, fourteen of the remonstrators executed a bond and…

2Cases cited14 opinions

  1. Lowe v. TurpieIndiana Supreme Court · 1896
  2. Gregory v. SmithIndiana Supreme Court · 1894
  3. Benbow v. GarrardIndiana Supreme Court · 1894
  4. Gourley v. EmbreeIndiana Supreme Court · 1894
  5. Vordermark v. WilkinsonIndiana Supreme Court · 1895

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Whisler v. WhislerIndiana Supreme Court · 1903
  2. Brown v. BrownIndiana Supreme Court · 1907
  3. Town of Windfall City v. State ex rel. WoodIndiana Supreme Court · 1910
  4. Allmon v. Review Board of Indiana Employment Security DivisionIndiana Court of Appeals · 1953
  5. Gunn v. HaworthIndiana Supreme Court · 1902

9 more not listed; retrieve them via the Exa API.

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