BERRY v. the Town of Fowler

Appellants brought action in the lower court pursuant to Burns’ §48-903 (1950 Replacement), 1 et seq., to vacate a portion of a street in the town of Fowler, Indiana. Appellee town was made a defendant and filed answer and remonstrance. Notice was given to the abutting landowners as provided by Burns’ §48-909 (1950 Replacement) , 2 each of whom appeared and filed remonstrance.

Trial was had before the court resulting in a finding and judgment for appellee. Appellants’ motion for new trial was overruled.

Appellants appeal from the judgment to this Court contending the decision of the. court…