Legal Opinion

Romig v. City of Lafayette

Indiana Supreme Court

Decided July 1, 1870PublishedCited by 2 opinions

APPEAL from the Tippecanoe Common Pleas. On the 22d day of April, 1867, the common council of the city of Lafayette, by a vote of over two-thirds of all its members, adopted an order for the improvement of Eifth street in said city, by grading, graveling, guttering, &c., from Romig street to Maiden Lane. On the 1st of July, 1867, the work was contracted to John R. O’Mara.

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APPEAL from the Tippecanoe Common Pleas. On the 22d day of April, 1867, the common council of the city of Lafayette, by a vote of over two-thirds of all its members, adopted an order for the improvement of Eifth street in said city, by grading, graveling, guttering, &c., from Romig street to Maiden Lane. On the 1st of July, 1867, the work was contracted to John R. O’Mara. The east end of lot fifty-nine, in Romig’s addition to the city, bounds, or fronts, fifty feet on that part of Eifth street so contracted to be improved. The work was completed according to contract, and a final estimate was…

1Opinion of the CourtElliott, J.

The only question in the case arises on the ruling of the court in sustaining the demurrer to the second paragraph of the appellant’s answer.

The 69th section of the act of 1867, for the incorporation of cities, (Acts 1867, p. 66) provides, that “the owners of lots bordering on such streets or alleys, or the part thereof to be improved, shall be liable to the contractors for their proportion of the costs, in the ratio of the first (front) line of lots owned by them to the whole improved line,” &c.

In the case of The City of New Albany v. Cook, 29 Ind. 220, a lot, bordering on that part of the…

2Cases cited1 opinion

  1. City of New Albany v. CookIndiana Supreme Court · 1867

3Cited by2 opinions

  1. Lais v. SilvertonOregon Supreme Court · 1917
  2. Whitman v. HallIndiana Supreme Court · 1870

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