Legal Opinion

Paddock v. State ex rel. Fitzmaurice

Indiana Supreme Court

Decided November 29, 1916No. 22,995PublishedCited by 10 opinions

From Jay Circuit Court; Jacob F. Denney, Judge. Action by the State of Indiana, on the relation of John J. Fitzmaurice and another, against Charles A. Paddock, mayor of the City of Portland. From a judgment, for relators, the defendant appeals.

1Opinion of the CourtSpencer, J.

— It appears from the special finding of facts in this case that on May 3, 1915, the common council of the city of Portland adopted a resolution declaring that it was deemed necessary to grade and pave a part of Pleasant street in said city under and pursuant to the provisions of §8710 et seq. Burns 1914, Acts 1909 p. 412. Such other proceedings in the premises were thereafter had as resulted, on July 12, 1915, in the adoption by the council of a further resolution awarding the con*651tract for such improvement to the relators herein and directing appellant, as the mayor of the city, to execute…

2Cases cited5 opinions

  1. People Ex Rel. Lunney v. . CampbellNew York Court of Appeals · 1878
  2. Town of Windfall City v. State ex rel. WoodIndiana Supreme Court · 1909
  3. People ex rel. Ryan v. AldridgeNew York Supreme Court · 1894
  4. State ex rel. Wheatley v. BeckIndiana Supreme Court · 1911
  5. Day v. RyanSupreme Court of Pennsylvania · 1914

3Cited by10 opinions

  1. Gruber, Trustee v. State, Ex Rel.Indiana Supreme Court · 1925
  2. State Ex Rel. Burton v. GelbIndiana Supreme Court · 1947
  3. State ex rel. Farmers Loan & Trust Co. v. WrigleyIndiana Supreme Court · 1918
  4. State ex rel. Thompson v. WheatonIndiana Supreme Court · 1923
  5. State, Ex Rel. v. Debaun, JudgeIndiana Supreme Court · 1926

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