Legal Opinion

City of Bluffton v. Miller

Indiana Court of Appeals

Decided May 12, 1904No. 5,072PublishedCited by 18 opinions

From Wells Circuit Court; James P. Hale, Special Judge. Suit by Charles M. Miller against the city of Bluffton and another to enjoin the carrying out of a contract for a street improvement. From a judgment in favor of plaintiff on demurrer to complaint, defendants appeal.

1Opinion of the CourtRobinson, J.

Suit by appellee, an abutting property owner, against appellant city and a contractor, to enjoin the carrying out of a contract for a street improvement. Demurrers to each of the two paragraphs of complaint were overruled, and, appellants refusing to plead further, the court rendered judgment against them for costs; and decreed a perpetual injunction.

It is first argued that this is a collateral attack, and can not be'sustained unless the proceedings are void for‘want of jurisdiction, and that, as a remedy by remonstrance and also by appeal is given, injunction will not lie.

The. authority to…

2Cases cited43 opinions

  1. Hitchcock v. GalvestonSupreme Court of the United States · 1878
  2. Watson v. SutherlandSupreme Court of the United States · 1867
  3. Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
  4. Mazet v. City of PittsburghSupreme Court of Pennsylvania · 1890
  5. Adams v. City of ShelbyvilleIndiana Supreme Court · 1900

38 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Anderson v. FullerSupreme Court of Florida · 1906
  2. Bass v. City of CasperWyoming Supreme Court · 1922
  3. State ex rel. German Investment & Securities Co. v. City of IndianapolisIndiana Supreme Court · 1919
  4. Monaghan v. City of IndianapolisIndiana Court of Appeals · 1905
  5. Whittaker v. City of DeadwoodSouth Dakota Supreme Court · 1909

13 more not listed; retrieve them via the Exa API.

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