Legal Opinion

State, ex rel. Cram v. Elliott

Indiana Court of Appeals

Decided March 17, 1904No. 4,739PublishedCited by 3 opinions

From Marshall Circuit Court ;.A. G. Capron, Judge. Action by the State, for the use of Quincy Cram, Drainage Commissioner of Starke county, against Daniel A. Elliott and others. From a judgment in favor of defendants, plaintiff appeals.

1Opinion of the CourtHenley, C. J.

This action was commenced by appellant to enforce the payment of a ditch. assessment. The question presented for determination by this appeal is, had the circuit court of Starke county, Indiana, jurisdiction to assess benefits to lands situated in Marshall county, Indiana ? The question was presented by an answer which was held sufficient as against appellant’s demurrer addressed thereto.

The facts, as we gather them from the record in this appeal, are that the ditch, for the construction of which the land in Marshall county was assessed, was wholly located in the adjoining’ county of Starke;…

2Cases cited3 opinions

  1. Denton v. ThompsonIndiana Supreme Court · 1893
  2. Crist v. State ex rel. WhitmoreIndiana Supreme Court · 1884
  3. Dowden v. State ex rel. BullIndiana Supreme Court · 1886

3Cited by3 opinions

  1. Sacramento & San Joaquin Drainage District v. Superior CourtCalifornia Supreme Court · 1925
  2. In Re Sutter-Butte By-Pass Assessment No. 6California Supreme Court · 1923
  3. Spaulding v. MottIndiana Supreme Court · 1906

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