Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 112

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 112

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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. 1888 edition. Excerpt: ...act of March 8th, 1883, to such an extent, we think, as wholly obviated and removed the constitutional objections to the original section. The amended section requires the township trustee to give notice of his assessment, prescribes the manner in which the notices shall be given, and provides that any person aggrieved may appeal from such assessment to the circuit court of the proper county, within fifteen days after such notices have been posted. Appellants complain that the amended statute limits the I questions to be tried and determined by the court "to the costs of such repair or removal of obstructions, and what amount thereof should be assessed on each tract of land." This limitation, however, does not affect the constitutionality of the statute. It may be that such limitation is unwise or unreasonable; but if so, the proper remedy for such an evil is an appeal to the law--making power, and not to the courts. The amended section is not repugnant to any provision of our fundamental laws, State or Federal, but is, we think, a constitutional and valid law. State, ea: rel., v. Johnson, 105 Ind. 463; Fries v. Brier, 111 Ind. 65. This point being settled against appellants, we are of opiniouthat the informalities, irregularities and alleged illegalities even in the proceedings of the township trustee, of which they complain, can not he made available by themin this suit to defeat the assessments against their lands. In the absence of any showing to the contrary, it may be assumed, we think, that appellants had full notice of the assessments made by the trustee on their lands in ample time to have appealed therefrom to the circuit court of Tipton county if they were aggrieved thereby. Upon such an appeal they could more

Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236850726
  • 9781236850720