Legal Opinion

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Porter

Indiana Court of Appeals

Decided May 9, 1905No. 5,069PublishedCited by 1 opinion

Suit by Eobert L. Porter and others against the Cleveland, Cincinnati, Chicago & St. Lonis Eailway Company and another. Erom a decree for plaintiffs, defendant railway company appeals.

1Opinion of the CourtRoby, J.

It appears from the complaint that the appellant is the owner of back-lying real estate within 150 feet of a street, in the city of Lebanon, improved in 1896 under the Barrett law, the purpose of the suit being to- foreclose the lien of the assessment upon said back-lying real estate, the front portion thereof owned by other parties having sold for an amount less than such assessment.

A demurrer for want of facts to each of the two paragraphs of complaint was overruled. An answer of several paragraphs was filed, including a general denial, special findings of fact and conclusions of law were…

2Cases cited2 opinions

  1. Cadwallader v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1891
  2. Voris v. Pittsburg Plate Glass Co.Indiana Supreme Court · 1904

3Cited by1 opinion

  1. Diven v. Burlington Savings BankIndiana Court of Appeals · 1907

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