Sims v. Hines
Indiana Supreme Court
From the Clinton Circuit Court.
1Opinion of the CourtElliott, J.
— The appellant prosecutes this appeal from a judgment enforcing an assessment made for a street improvement, and his principal contention is that the transcript, which the statute declares shall be a complaint, is insufficient.
The statutory provision is a singular one, inasmuch as it makes the transcript of the proceedings of the city authorities the complaint of the plaintiff; although, in fact, he has nothing to do with the proceedings, for they are conducted by the representatives of the municipality. The property-owner really assails the proceedings of those who are his chosen…
2Cases cited29 opinions
- Palmer v. StumphIndiana Supreme Court · 1868
- Jackson v. SmithIndiana Supreme Court · 1889
- Ross v. StackhouseIndiana Supreme Court · 1888
- Weaver v. TemplinIndiana Supreme Court · 1887
- Emery v. BradfordCalifornia Supreme Court · 1865
24 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BackusIndiana Supreme Court · 1893
- Lake Erie & Western Railway Co. v. WatkinsIndiana Supreme Court · 1902
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BackusIndiana Supreme Court · 1893
- Randolph v. City of IndianapolisIndiana Supreme Court · 1909
- Hughes v. ParkerIndiana Supreme Court · 1897
23 more not listed; retrieve them via the Exa API.