City of Elkhart v. Simonton

This was an appeal by Abner P. Simonton, from the proceedings of the common council of the city of Elkhart, under the provisions of “An act in relation to the laying out, opening, widening, altering, and vacation of streets, alleys, and highways,” etc., approved March 17th, 1875, to the Circuit Court of Elkhart county, Indiana. Acts 1875, Spec. Sess., p. 17; 1 R. S. 1876, p. 318.

In section 14 of said act, it is provided that any person, “ having an interest in the lands, affected by such proceedings,” who “ shall deem himself aggrieved thereby,” may appeal therefrom “to any court of the…