Legal Opinion

Smyth v. State ex rel. Braun

Indiana Supreme Court

Decided January 10, 1902No. 19,482PublishedCited by 6 opinions

From Benton Circuit Court; J. M. Rabb, Judge. Mandamus by the State on the relation of George A. Braun against James D. Smyth, auditor, and others, to compel defendants to place on the tax duplicate certain assessments for the construction of a free gravel road.

1Opinion of the CourtHadley, J.

Such proceedings were had before the board of commissioners of Benton county for the establishment of a free gravel road under the act of March 3, 1811, §6855 et seq. Burns 1901, as resulted in the confirmation by the commissioners, on June 22, 1891, of the apportionment of the road’s cost upon the lands benefited thereby. From this final order approving and confirming the assessments persons representing about eighty-five per cent, of the assessments appealed to the circuit court. The persons representing the other fifteen per cent, of the assessments, though properly notified of the various…

2Cases cited15 opinions

  1. Board of Commissioners v. ConnerIndiana Supreme Court · 1900
  2. Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
  3. Osborn v. SuttonIndiana Supreme Court · 1886
  4. Breitweiser v. FuhrmanIndiana Supreme Court · 1882
  5. Forsyth v. WilcoxIndiana Supreme Court · 1895

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3Cited by6 opinions

  1. City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
  2. Atkinson v. DisherIndiana Supreme Court · 1912
  3. Davis v. HertIndiana Court of Appeals · 1910
  4. Windhorst v. City of IndianapolisIndiana Court of Appeals · 1934
  5. Fancher v. CoffinIndiana Court of Appeals · 1908

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