Toner v. McCarter
Indiana Court of Appeals
From Fulton Circuit Court; Harry Bernetha, Judge. Action by Albert Toner against Frank McCarter as treasurer of Fulton County, and another. From a judgment for defendants, the plaintiff appeals.
1Opinion of the CourtShea, J.
This action was brought by appellant Toner to enjoin the collection of certain ditch assessments against his land in Fulton County, Indiana. The court below sustained appellees’ demurrer for want of facts to appellant’s amended and supplemental complaint, and this ruling is tbe only error relied on for a reversal. *684It is alleged, in substance, that on January 28, 1902, one John R. McKinsey filed with the auditor, and afterward presented to the board of commissioners of said county, a petition to locate and establish a ditch in said county, which affected the lands owned by this appellant and…
2Cases cited7 opinions
- Friebe v. ElderIndiana Supreme Court · 1914
- Larimer v. KrauIndiana Court of Appeals · 1914
- Baltimore & Ohio Southwestern Railway Co. v. Board of CommissionersIndiana Supreme Court · 1900
- Brooks v. MorganIndiana Court of Appeals · 1905
- Todd v. CrailIndiana Supreme Court · 1906
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3Cited by2 opinions
- Richardson County v. Drainage District No. 1Nebraska Supreme Court · 1925
- Seltenright v. Cook, Treas.Indiana Court of Appeals · 1929