Legal Opinion

Gubbins v. Harrington

Indiana Court of Appeals

Decided October 13, 1911No. 7,134PublishedCited by 4 opinions

Prom Jay Circuit Court; John F. LaFollette, Judge. Suit by John. Gubbins against Catherine Harrington. Prom a judgment for defendant, plaintiff appeals.

1Opinion of the CourtMyers, J.

Appellant brought this suit against appellee to foreclose a street assessment lien and for personal judgment. To the complaint a plea in abatement was filed, and a demurrer thereto was overruled. Appellant refused to plead further, and a judgment abating the suit was rendered in favor of appellee and against appellant for costs.

The improvement was made, the assessment was perfected, a waiver was filed, and improvement bonds were issued and delivered to the contractor, pursuant to an act of the General Assembly approved March 6, 1905 (Acts 1905 p. 219). The first instalment of the assessment…

2Cases cited5 opinions

  1. Shirk v. ThomasIndiana Supreme Court · 1889
  2. Davis v. RupeIndiana Supreme Court · 1888
  3. State ex rel. Cunningham v. HelmsIndiana Supreme Court · 1893
  4. Wayne County Savings Bank v. Gas City Land Co.Indiana Supreme Court · 1901
  5. Dunkirk Land Co. v. ZehnerIndiana Court of Appeals · 1905

3Cited by4 opinions

  1. Miller v. ReadyIndiana Court of Appeals · 1915
  2. Feder, Rec. v. Gary State BankIndiana Court of Appeals · 1933
  3. Buchman v. RogersCourt of Appeals of Georgia · 1922
  4. Wallace v. Newcastle Realty Co.Indiana Court of Appeals · 1914

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