Legal Opinion

Zintsmaster v. Aiken

Indiana Supreme Court

Decided May 25, 1909No. 21,288Published

Prom Superior Court of Allen County; O. N. Heaton, Judge. Drainage proceeding by Daniel W. Zintsmaster and others, to which James A. Aiken and others remonstrate. Prom a judgment for remonstrants, petitioners appeal.

1Opinion

On Petition for Rehearing.

Monks, J.

4

Appellants have filed an earnest petition for rehearing, in which it is insisted that this court erred in holding that the judgment of the Adams Circuit Court in remanding said cause to the Board of Commissioners of the County of Allen, with instructions “to appoint viewers or drainage commissioners to file .an amended report,” and “to proceed according to law,” was *275not binding and conclusive as, to the jurisdiction of said board of commissioners over the subject-matter of said proceedings ; said judgment being rendered after the repeal of the drainage law…

2Cases cited21 opinions

  1. Railroad Co. v. GrantSupreme Court of the United States · 1879
  2. Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
  3. Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
  4. In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
  5. Armstrong v. HuftyIndiana Supreme Court · 1899

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