Legal Opinion

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Yates

Indiana Supreme Court

Decided January 14, 1921No. 23,415Published

From Wabash Circuit Court; Nelson G. Hunter, Judge. Action by Wilbur L. Yates against the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. From a judgment for the plaintiff, the defendant appeals.

1Opinion of the CourtEwbank, J.

— This was an action by the appellee to foreclose a lien for a street improvement against certain’ lands used as a right of way by the appellant. It was commenced March 15, 1916. Upon proper request the court made a special finding of the facts and stated conclusions of law thereon in favor of the appellee, upon which it rendered a judgment in favor of the appellee for the amount of his demand, with interest and an attorney fee, with the foreclosure of a lien for the total amount of the judgment.

The appellant has assigned as error the overruling of his demurrer to the complaint, the…

2Cases cited8 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. TaberIndiana Supreme Court · 1906
  2. Daly v. GubbinsIndiana Supreme Court · 1907
  3. Lehman v. City of GoshenIndiana Supreme Court · 1912
  4. Anheier v. FowlerIndiana Court of Appeals · 1913
  5. Schaefer v. HinesIndiana Court of Appeals · 1913

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