Legal Opinion

Baltimore & Ohio Railroad v. Daegling

Indiana Court of Appeals

Decided December 17, 1902No. 4,205PublishedCited by 6 opinions

From Laporte Superior Court; II. B. Tuthill, Judge. Action by Fernando ~W. Daegling against the Baltimore & Ohio Railroad Company to enforce a sewer assessment. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtRobinson, J.

Complaint by appellee to recover a sewer assessment. Answer, general denial. Judgment for appellee. Errors are assigned on overruling the demurrer to the complaint, and the refusal of a new trial.

Counsel state, without argument, that the complaint is insufficient for failing to show title to the property in appellant since the assessment was made, and also for failing to set out a copy of the assessment, and a copy of the resolution of the town board authorizing the assessment. The complaint expressly avers ownership of the property by appellant a.t the time of and since the assessment. The…

2Cases cited7 opinions

  1. Gates v. Baltimore & Ohio Southwestern Railway Co.Indiana Supreme Court · 1900
  2. Lewis v. AlbertsonIndiana Court of Appeals · 1899
  3. Leeds v. DefreesIndiana Supreme Court · 1901
  4. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Edward C. Jones Co.Indiana Court of Appeals · 1898
  5. Hubbs v. State ex rel. KurtzIndiana Court of Appeals · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Bradford v. WeggIndiana Court of Appeals · 1913
  2. Kirklin v. ClarkIndiana Court of Appeals · 1913
  3. Balph v. MagawIndiana Court of Appeals · 1904
  4. Workman v. RhodesIndiana Court of Appeals · 1917
  5. Wise v. LarkinIndiana Court of Appeals · 1908

1 more not listed; retrieve them via the Exa API.

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