Legal Opinion

Fowler v. Newsom

Indiana Supreme Court

Decided December 10, 1909No. 21,373PublishedCited by 17 opinions

From Greene Circuit Court; Orion B. Harris, Judge. Highway proceeding by Searl B. Newsom and others, against which Inman H. Fowler and others remonstrate. From a judgment for petitioners, remonstrants appeal.

1Opinion of the CourtMonks, J.

This is an appeal from a judgment establishing a public highway.

It is first insisted by appellants that the court below erred in overruling their motion to dismiss the appeal from the board of commissioners to said court.

1. One of the grounds of said motion was that the court below had no jurisdiction over the subject-matter of the action, because the record of the proceedings of the board of commissioners, as set out in the transcript filed in said cause, did not show that said board approved, disapproved or otherwise acted upon the report of the first viewers, and that for this reason all…

2Cases cited47 opinions

  1. Whitesell v. StricklerIndiana Supreme Court · 1906
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1907
  3. Musser v. StateIndiana Supreme Court · 1901
  4. Gunder v. TibbitsIndiana Supreme Court · 1899
  5. Sievers v. Peters Box & Lumber Co.Indiana Supreme Court · 1898

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3Cited by17 opinions

  1. McPherson v. StateIndiana Supreme Court · 1912
  2. Inter-Ocean Casualty Co. v. WilkinsIndiana Court of Appeals · 1932
  3. Guyer v. Union Trust Co.Indiana Court of Appeals · 1914
  4. Piggly-Wiggly Stores, Inc. v. LowensteinIndiana Supreme Court · 1925
  5. Outlook Farmers' Elevator Co. v. American Surety Co.Montana Supreme Court · 1924

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

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