Smith v. Pyle
Indiana Court of Appeals
From Fulton Circuit Court; Harry Bernetha, Judge. Suit by Milo E. Smith and others against John H. Pyle, as treasurer of Pulton county. From a judgment for defendant, plaintiffs appeal.
1Opinion of the CourtHadley, C. J.
This was an action brought by appellants against appellee, as treasurer of Pulton county, to enjoin him from selling the lands of appellants for delinquent taxes, under the provisions of §10355 Burns 1908, Acts 1891, pp. 199, 269, §184. It appears from the averments of the complaint that the liens for which the lands were to be sold consisted of a ditch assessment and current taxes not due. The basis of the suit is the invalidity of the ditch assessment.
The complaint is in one paragraph, and avers that certain proceedings were had before the commissioners of Pulton county whereby a drain was…
2Cases cited9 opinions
- Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
- Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
- Board of Commissioners of Montgomery Co. v. ElstonIndiana Supreme Court · 1869
- Daly v. GubbinsIndiana Supreme Court · 1907
- Boyce v. TuheyIndiana Supreme Court · 1904
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3Cited by2 opinions
- Larimer v. KrauIndiana Court of Appeals · 1914
- Toner v. McCarterIndiana Court of Appeals · 1915