Cleveland v. Obenchain

Bicknell, C. C.

Obenchain appealed from a survey made by R'oscoe A. Kaufman, a county surveyor. Upon such an. appeal the substantial question is, was the survey right? The cause is properly triable in the circuit court in the same manner as an appeal from a justice of the peace. Findley v. McCormick, 50 Ind. 19; Ricketts v. Dorrell, 59 Ind. 427. If the court shall decide that the survey was wrong, it shall enter an order for a re-survey, and shall designate a competent person to make it, and an appeal may be taken from the re-survey. R. S. 1881, section 5955. The re-survey need not be reported…