McCleery v. Zintsmaster
Indiana Supreme Court
From Huntington Circuit Court; Robert Van Atta, Special Judge. Proceeding by D. W. Zintsmaster and others to establish a public drain, opposed by John P. McCleery and others. From a judgment establishing the drain and overruling their motion for new trial, objectors appeal.
1Opinion of the CourtCox, J.
— This was a proceeding instituted by appellees in the Huntington Circuit Court under the provisions of the Drainage Act of 1907 (Acts 1907 p. 508, §6140 et seq. Burns 1914) to establish an extensive public drain. From a judgment establishing the drain, this appeal in which numerous errors are assigned is brought.
The petition of appellees was in the usual form of a *40petition for a drain wholly in one county and it averred in substance that the petitioners were the owners of about 1,100 acres of land in Huntington county which was described; that this land was in need of drainage which could…
2Cases cited6 opinions
- Richards v. WilsonIndiana Supreme Court · 1916
- Shields v. PylesIndiana Supreme Court · 1912
- Lake Shore & Michigan Southern Railway Co. v. CloughIndiana Supreme Court · 1914
- Delaney v. GubbinsIndiana Supreme Court · 1914
- Seybold v. RehwaldIndiana Supreme Court · 1911
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3Cited by5 opinions
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- State, Ex Rel. v. Meiser, TrusteeIndiana Supreme Court · 1929
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- Baker v. JohnsonIndiana Court of Appeals · 1923