Peru Cemetery Co. v. Mount Hope Cemetery

This is an appeal from an interlocutory-order appointing appraisers in an action under the general eminent domain statute, § 3-1701, Burns’ 1933, et seq., to condemn real estate for an addition to appellee’s cemetery. Objections filed pursuant to § 3-1705, presented issues of fact upon which evidence was heard. The questions for our consideration arise on the evidence.

It is contended first that the action was not brought in appellee’s true name. The evidence discloses that the incorporators in their petition to the Board of Commissioners, filed September 6, 1881, requested incorporation in…