Legal Opinion

Small v. Buchanan

Indiana Supreme Court

Decided November 28, 1901No. 20,601PublishedCited by 7 opinions

Erom Clinton Circuit Court; Albert D. Thomas, Special Judge. Drainage petition by Charles T. Buchanan and others, against which James M. Small and others remonstrate. Erom a judgment for petitioners, remonstrants appeal. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.

1Opinion of the CourtMontgomery, J.

Appellees commenced this proceeding by filing their petition in the Boone Circuit Court for the construction of a public ditch. Upon application for a change of venue the cause was transferred to the court below, and after a trial the drain was established and ordered constructed. The original assessments proved inadequate to cover the cost of the work, and a supplemental petition was filed in the Clinton Circuit Court asking authority to *551make additional assessments to provide'funds for the completion of the ditch. The matter was heard and duly referred to the drainage commissioners, who made…

2Cases cited4 opinions

  1. City of Logansport v. LaRoseIndiana Supreme Court · 1884
  2. Markley v. RudyIndiana Supreme Court · 1888
  3. Yancey v. ThompsonIndiana Supreme Court · 1892
  4. High v. Big Creek Ditching Ass'nIndiana Supreme Court · 1873

3Cited by7 opinions

  1. State ex rel. Williams v. EllisIndiana Supreme Court · 1916
  2. Metsker v. WhitsellIndiana Supreme Court · 1914
  3. Gardiner v. City of BlufftonIndiana Supreme Court · 1909
  4. Seybold v. RehwaldIndiana Supreme Court · 1911
  5. Calumet Foundry & Machine Co. v. MrozIndiana Court of Appeals · 1923

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