Legal Opinion

Rubey v. Hough

Indiana Supreme Court

Decided May 15, 1903No. 19,914PublishedCited by 4 opinions

From Randolph Circuit Court; W. A. Thompson, Special Judge. Proceeding by John Hough and others for the construction of a ditch, to which John C. Rubey and others remonstrated. The circuit court dismissed an appeal from an order establishing the ditch, and remonstrators appeal.

1Opinion of the CourtJordan, J.

— This proceeding was originally instituted, before the board of commissioners of Randolph county for the construction of a public ditch under §5655 et seq. Burns 1901. Such proceedings were had therein as resulted in the hoard, on April 6, 1901, ordering the ditch to be established and constructed. From this order appellants (remonstrators therein) appealed to the Randolph Circuit Court. Appellees (the petitioners) entered a special appearance in the circuit court on May 23, 1901, and moved to dismiss the appeal on the ground, among others, that the remonstrators had not seasonably filed…

2Cases cited4 opinions

  1. Bacon v. WithrowIndiana Supreme Court · 1887
  2. Estate of Peden v. NolandIndiana Supreme Court · 1873
  3. Thoma v. StateIndiana Supreme Court · 1882
  4. State ex rel. Childers v. DelanoIndiana Supreme Court · 1870

3Cited by4 opinions

  1. Davis v. PelleyIndiana Supreme Court · 1952
  2. Boes v. Grand Rapids & Indiana RailroadIndiana Court of Appeals · 1915
  3. Smith Table Co. v. MadsenUtah Supreme Court · 1906
  4. Cortez v. FreedIndiana Court of Appeals · 1938

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