Legal Opinion

Lehman v. City of Goshen

Indiana Supreme Court

Decided March 28, 1912No. 21,949PublishedCited by 9 opinions

Prom Elkhart Circuit Court; James ¡3. Bodge, Judge. Action, by the City of Goshen against David G. Lehman and another. Prom a judgment for the plaintiff, the defendants appeal. (Transferred from the Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.)

1Opinion of the CourtMonks, J.

Appellee brought this action against appellants, who are husband and wife, to foreclose assessments made for the construction of a sidewalk. Pinal judgment was rendered against appellants foreclosing said assessments. The separate demurrer of each appellant to the complaint, for want of facts, was overruled. This ruling of the court is challenged by the assignment of errors.

1. It is first insisted by appellants that the contractor who performed the work, and not appellee, is the real party in interest, and that therefore appellee had no right to bring the action. The eases cited to sustain…

2Cases cited8 opinions

  1. Van Sickle v. BelknapIndiana Supreme Court · 1891
  2. Shanklin v. CooperIndiana Supreme Court · 1846
  3. City of Terre Haute v. MackIndiana Supreme Court · 1894
  4. Shroyer v. CampbellIndiana Court of Appeals · 1903
  5. State ex rel. Mayfield v. MyersIndiana Supreme Court · 1885

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Continental National Bank v. Discount & Deposit State BankIndiana Supreme Court · 1927
  2. Jefferson County Burial Soc. v. ScottSupreme Court of Alabama · 1928
  3. Fort v. WhiteIndiana Supreme Court · 1913
  4. Massachusetts Bonding & Insurance v. FreeIndiana Court of Appeals · 1919
  5. Clinton Coal Co. v. Chicago & Eastern Illinois RailroadIndiana Supreme Court · 1921

4 more not listed; retrieve them via the Exa API.

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