Gibson v. Town of Danville

These cases are here on transfer from the Appellate Court under Acts 1901, ch. 247, §15, p. 565, being §4-209, Burns’ 1946 Replacement, four judges failing to agree. Because they involve the same parties and subject-matter, and present essentially the same question for our determination, they are here consolidated and so treated in this opinion.

Both actions arose out of a proceeding by the Town Board of Danville, Indiana, for the construction of a local sanitary sewer across lands both within and without the corporate limits of the town, under the provi*159sions of Acts 1905, ch. 129, §157, p.…