Parker v. Henderson
Indiana Supreme Court
APPEAL from the Fayette Circuit Court. This was an action of debt upon a bond executed by the appellants to the appellee, for the due prosecution of an appeal from an award in favor of the appellee, on a claim for damages sustained by the construction of the White Water Valley Canal, prefered agreeably to the eleventh section of the charter of said canal company.
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APPEAL from the Fayette Circuit Court. This was an action of debt upon a bond executed by the appellants to the appellee, for the due prosecution of an appeal from an award in favor of the appellee, on a claim for damages sustained by the construction of the White Water Valley Canal, prefered agreeably to the eleventh section of the charter of said canal company. The declaration avered that after the execution of the bond, at the spring lerm, 1845, of the Fayette Circuit Court, said appeal was by said Court dismissed, and the non-prosecution of the appeal to effect was the bread) assigned.…
1Opinion of the CourtPerkins, J.
— “ We will remark that it may, be doubted, under the decision in Martin v. Kenard, 3 Blackf. 430, whether the declaration in this case is not fatally defective, in not setting out the award and prayer of appeal, thus showing a state of facts authorising the bond, but we shall not here examine this question. The present is an action, as we have seen, on a bond given on an appeal to the Fayette Circuit Court, from an award of damages under the charter of the White Water Valley Canal Company. The plea shows t^at the land, for injury to which the damages were awarded, was in Franklin county. The…
2Cases cited2 opinions
- Martin v. KennardIndiana Supreme Court · 1834
- White Water Valley Canal Co. v. HendersonIndiana Supreme Court · 1847