Annexation to City of Mishawaka v. Minne

Two annexation ordinances of the appellant city were affected by the trial court judgment.

Here appellants assert that error was committed by the overruling of appellants’ motion to dismiss and motion for new trial which were based solely upon a question of jurisdiction.

The alleged lack of jurisdiction arises from the construction of Acts 1905, ch. 129, § 243, p. 219 as amended, § 48-702 Burns’ 1903 Replacement. That part of the statute under question is the second sentence. For reference here, the first part of such section is set out and we have emphasized certain parts:

*209“Whenever territory…