Legal Opinion

Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. Machler

Indiana Supreme Court

Decided March 12, 1902No. 19,415PublishedCited by 5 opinions

From LaPorte Circuit Court; J. G. Richter, Judge. Proceeding for the establishment of a drain in which the Pittsburgh, Cincinnati, Chicago and St. Louis Railroad Company remonstrated. From a judgment establishing the drain, the remonstrant appeals.

1Opinion of the CourtHadley, J.

Appellant was a remonstrant in. a proceeding instituted by the appellees under the drainage act of 1885 (§5623 et seq. Burns 1901), for the construction of a ditch. The judgment of the circuit court is assailed for apparent want of jurisdiction in this: (1) Because there was no petition on file when the primary notice was given; (2) because on the day stated in the notice for docketing there was no petition on file to be docketed, nor any action taken in the proceeding; and (3) because the petition was filed on the same day it was docketed, which was three days *161after the time stated in. the…

2Cases cited22 opinions

  1. Perkins v. HaywardIndiana Supreme Court · 1892
  2. Adams v. City of ShelbyvilleIndiana Supreme Court · 1900
  3. Gunder v. TibbitsIndiana Supreme Court · 1899
  4. Miller v. CoulterIndiana Supreme Court · 1901
  5. Pickering v. State ex rel. DyarIndiana Supreme Court · 1886

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3Cited by5 opinions

  1. Slinkard v. HunterIndiana Supreme Court · 1936
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MumfordIndiana Supreme Court · 1935
  3. Ritter v. Drainage District No. 1Supreme Court of Arkansas · 1906
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. HodgeIndiana Supreme Court · 1911
  5. Smith v. GustinIndiana Supreme Court · 1907

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