City of Bluffton v. Miller
Indiana Court of Appeals
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
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Watson v. SutherlandSupreme Court of the United States · 1867
- Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
- Mazet v. City of PittsburghSupreme Court of Pennsylvania · 1890
- Adams v. City of ShelbyvilleIndiana Supreme Court · 1900
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3Cited by18 opinions
- Anderson v. FullerSupreme Court of Florida · 1906
- Bass v. City of CasperWyoming Supreme Court · 1922
- State ex rel. German Investment & Securities Co. v. City of IndianapolisIndiana Supreme Court · 1919
- Monaghan v. City of IndianapolisIndiana Court of Appeals · 1905
- Whittaker v. City of DeadwoodSouth Dakota Supreme Court · 1909
13 more not listed; retrieve them via the Exa API.