Martindale v. Town of Rochester
Indiana Supreme Court
From Fulton Circuit Court; Harry Bernetha, Judge. Suit by Warren B. Martindale against the Town of Rochester and others. From a ju nent for defendants, plaintiff appeals.
1Opinion of the CourtMonks, J.
After the substantial completion of an improvement of Main street in the town of Rochester, under §8959 Burns 1908, Acts 1905, p. 219, §265, appellant brought this suit to enjoin appellee from making, or attempting to make, or from collecting, any assessment against his real estate abutting on said street, where the same was improved, to pay the cost thereof.
Appellees’ demurrer for “want of facts” to the complaint was sustained, and appellant refusing to plead further judgment was rendered against him on demurrer. The only error assigned is the sustaining of said demurrer to the complaint.
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2Cases cited51 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- McCoy v. AbleIndiana Supreme Court · 1892
- Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
- Palmer v. StumphIndiana Supreme Court · 1868
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3Cited by18 opinions
- State ex rel. Devening v. BartholomewIndiana Supreme Court · 1911
- Wilt v. BueterIndiana Supreme Court · 1916
- Gardiner v. City of BlufftonIndiana Supreme Court · 1909
- Curless v. WatsonIndiana Supreme Court · 1913
- Anheier v. FowlerIndiana Court of Appeals · 1913
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