Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 91

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 91

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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. 1884 edition. Excerpt: ... somewhat remotely upon the waiver here suggested, see Charlestown School Township v. Hay, 74 Ind. 127; Hunteir v. Leavitt, 36 Ind. 141; Dewar v. Uardwell, 27 Ind. 478; Parks v. Evansville, etc., R. R. Co., 23 Ind. 567; B/rne v. Rising Sun Ins. Co., 20 Ind. 103; Masonic, etc., Ass"n v. Beck, 77 Ind. 203 (40 Am. R. 295). Other questions are discussed with much ability and learning by counsel upon either side, but as they are subordinate to the question decided, we need not extend this opinion for an examination of them. Judgment reversed, with costs, and cause rem/anded, with instructions to the trial court to sustain appellant's motion for a new trial. NIBLACK, C. J., did not participate in the decision of this cause. Filed Nov. 20, 1883. E. No. 10,898. OAFFYN, Aunrron, v. THE STATE, EX REL. Raven. RAILBOADS.--Public A1'd.--Ta: ces.--Statute C'onst1wd.--Section 4062, R. S. 1881, so far as it provides for a forfeiture of taxes levied to aid in the construction of railroads, has been repealed. sAME.--Mandale.--Pl6ading.--In an alternative writ of mandate to compel the auditor to place on the duplicate taxes levied in aid of a railroad, it is sufiicient to aver as a fact that the railroad has been permanently located in the township, without alleging that the fact has been judicially determined. SAME.--.E1Yidenc6.--R6OTd8.--llap$.----A proper record of a county board, appropriating money to aid a railroad company named therein, and showing all the facts necessary to give jurisdiction, is sufficient evidence of the appropriation and of the corporate existence of the railroad company, in a proceeding by mandate to have the tax put upon the duplicate. So, that the railroad has been permanently located is sufliciently shown by the more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • English
  • Illustrations, black and white
  • 1236911466
  • 9781236911469