Legal Opinion

Miller v. Wabash Railroad

Indiana Supreme Court

Decided October 27, 1908No. 21,111PublishedCited by 7 opinions

Prom Allen Circuit Court; E. O’Rourke, Judge. Drainage proceeding by Sebastian Miller, against which the Wabash Eailroad Company remonstrates. Prom a judgment for the remonstrant, petitioner appeals.

1Opinion of the CourtMontgomery, J.

This proceeding was instituted before the Board of Commissioners of the County of Allen, upon petition of appellant for the construction of a drain. A remonstrance filed by appellee was stricken out, and a final order made éstablishing the drain. Appellee appealed to the circuit court, in which court appellant-filed a motion to dismiss the appeal. This motion was overruled and an exception saved, whereupon the court made the following order: ‘ ‘ This matter is referred back to the Board' of Commissioners of the County of Allen, and it is ordered that said board permit the remonstrant to file…

2Cases cited5 opinions

  1. Hardy v. McKinneyIndiana Supreme Court · 1886
  2. Trittipo v. BeaverIndiana Supreme Court · 1900
  3. Bonfoy v. GoarIndiana Supreme Court · 1894
  4. McPherson v. LeathersIndiana Supreme Court · 1867
  5. Mandlove v. PavyIndiana Supreme Court · 1870

3Cited by7 opinions

  1. In Re Judicial Ditch No. 9Supreme Court of Minnesota · 1926
  2. Thompson v. FergusonIndiana Supreme Court · 1913
  3. Bland v. CassadayIndiana Supreme Court · 1913
  4. Benbow v. GrayIndiana Supreme Court · 1920
  5. Hull v. CunninghamIndiana Supreme Court · 1923

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