Legal Opinion

Collins v. Wilber

Indiana Supreme Court

Decided October 12, 1909No. 21,374PublishedCited by 4 opinions

From Ohio Circuit Court; Thomas 8. Cravens, Special Judge. Suit by D. Quincy Wilber against Deborah Collins. From a decree for plaintiff, defendant appeals.

1Opinion of the CourtMontgomery, C. J.

This appeal is prosecuted from a decree foreclosing a lien in favor of appellee for the cost of constructing a partition fence, in pursuance of the provisions of the act of March 6, 1897 (Acts 1897, p. 184, §7377 et seq. Burns 1908).

Errors have been assigned challenging the correctness of the court’s rulings upon demurrers to the complaint and to the third paragraph of answer, the motions for further findings and for a new trial, and the several conclusions of law.

1

Appellant asserts that the complaint did not set out the contract between appellee and the township trustee under which the fence…

2Cases cited2 opinions

  1. Welch v. State, ex rel. BeauchampIndiana Supreme Court · 1905
  2. Tomlinson v. BainakaIndiana Supreme Court · 1904

3Cited by4 opinions

  1. Huber Manufacturing Co. v. BlessingIndiana Court of Appeals · 1912
  2. Eastman v. SmithIndiana Court of Appeals · 1914
  3. Deemer v. KnightIndiana Court of Appeals · 1914
  4. Wickersham v. McGaugheyIndiana Court of Appeals · 1914

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