Legal Opinion

Martin v. Board of Commissioners

Indiana Court of Appeals

Decided June 18, 1901No. 3,869PublishedCited by 6 opinions

From Montgomery. Circuit Court; Jere West, Judge. Action by R. B. Hayes Martin against the Board of Commissioners of Montgomery County for services performed by direction of the Secretary of the County Board of Health. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtRobinson, J.

— Appellant seeks to enforce a claim against appellee for services performed by him, under the direction of the secretary of the county board of health, in draining a pond of stagnant water which, it is averred, had become a nuisance, and which emitted poisonous vapors which caused the dangerous sickness of a large number of persons, and was dangerous to the health of the people residing in the vicinity, and that it was necessary to drain the pond and abate the nuisance to protect the health of the citizens and public residing in the vicinity. Sustaining a demurrer to the complaint is the…

2Cases cited12 opinions

  1. Flournoy v. City of JeffersonvilleIndiana Supreme Court · 1861
  2. State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
  3. State ex rel. Jameson v. DennyIndiana Supreme Court · 1889
  4. Franklin National Bank v. WhiteheadIndiana Supreme Court · 1898
  5. State ex rel. Yancey v. HydeIndiana Supreme Court · 1889

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3Cited by6 opinions

  1. Peck-Williamson Heating & Ventilating Co. v. Steen School TownshipIndiana Court of Appeals · 1903
  2. Heeter v. WESTERN BOONE CTY. COMM. SCH. CORP.Indiana Court of Appeals · 1970
  3. Sunman-Dearborn Community School Corp. v. Kral-Zepf-Freitag & AssociatesIndiana Court of Appeals · 1975
  4. Heeter v. Western Boone County Community School Corp.Indiana Court of Appeals · 1970
  5. Monroe v. City of BlufftonIndiana Court of Appeals · 1903

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