Reports of the Cases Decided in the Appellate Court of Indiana Volume 14

Reports of the Cases Decided in the Appellate Court of Indiana Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ... West Market street. This may be true in fact, but it nowhere appears in the findings to which alone we can look as the basis for the conclusions of law. So far as the findings show, West Market street runs straight east and west as it was laid out. The only circumstance which points toward the trustees having regarded the Levonia road as a part of West Market street is their describing the latter street as extending west to the corporation line. The fact, however, that they did not include the Levonia road in their plans and specifications until long after the contract was let, seems to us conclusive evidence, were it required, that they themselves did not, when ordering the improvement, so consider it. The trial court seems to have carefully and sedulously avoided finding that the Levonia road either was, or was regarded or known as part of West Market street. The finding wholly fails to show that the appellant's property abutted upon or bordered on West Market street. Nor can appellant be held liable for the improvement as upon the Levonia road under the order of June 29th. This order was wholly ex parte, made, so far as the record discloses, without any notice whatever or any attempt to conform to the requirements of the law, so as to authorize the expense to be assessed against the property owner. As to this improvement the board was wholly without jurisdiction to assess its cost against the landowners. Kiphart v. Pittsburgh, etc., R. l/V. Co., 7 Ind. App. 122. The appearance of Nelson Stephenson to protest against the improving of West Market street cannot result in estopping him from disputing the right of the trustees to make an improvement upon another street, which was not the proceedings against which more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236866126
  • 9781236866127