TaiLexi AI U.S. Case Law

Jones v. Duffy

Jones v. Duffy, 21 N.E. 348 (Ind. 1889)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Indiana Supreme Court · State Highest Courts
Decided
May 16, 1889
Docket
No. 13,612
Judges
Elliott
Citations
21 N.E. 348119 Ind. 4401889 Ind. LEXIS 306
Headnotes
Appeal. — Highway Proceedings. — Adverse Report of Reviewers. — An appeal will not lie from the board of commissioners where the reviewers report . against the public utility of a proposed highway, the remedy of the petitioners being to file a bond for costs and-petition over.
Summary
From the Hamilton Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Elliott

Text extracted by OCR from a scanned original; check the original for exact wording.

Elliott, C. J. —

The appellees petitioned for an order establishing and opening a highway. The viewers reported that the proposed highway would be of public utility. . The appellants remonstrated. Reviewers were appointed, and they reported that the proposed highway would not be of public utility, and the board of commissioners entered an order approving the report. The remonstrants moved to dismiss the appeal taken by the petitioners to the circuit court. The circuit court had no jurisdiction, and its judgment is without force as against a direct attack. The report of the reviewers conveyed to the commissioners the information that the proposed highway was not of public utility, and this finally determined the question, as the commissioners were bound to act upon the report. Doctor v. Hartman, 74 Ind. 221 .

The question here is essentially the same as it was in McKee v. Gould, 108 Ind. 107 , where it was held that an appeal will not lie from the report of the viewers. We are unable to discover any difference between that case and the present, for we think that it makes no difference whether the report comes from the viewers or the reviewers. The principle is the same. As was said in McKee v. Gould, supra, “ The only remedy petitioners may resort to when an ad *441 verse report is made upon the subject of the utility of a highway petitioned for, is to file their bond for costs and petition •over again.” There is no conflict between the cases of McKee v. Gould and Doctor v. Hartman, for the latter case does not assume to decide what cases may be appealed, but simply decides that the board of commissioners can not vacate its final judgments.

Filed May 16, 1889; petition for a rehearing overruled June 21, 1889.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1890: 11892: 11896: 11901: 11902: 11904: 11908: 11934: 118902026peak 1890 · 1

Relies on it most ⓘ

  1. Bowman v. Jobs23 N.E. 976 (Ind. 1890)
  2. Petition of Cooprider v. Fritz188 N.E. 579 (Ind. 1934)
  3. Kelley v. Augsperger85 N.E. 1004 (Ind. 1908)
  4. Campbell v. Fogg31 N.E. 454 (Ind. 1892)
  5. State v. April Fool Gold Mining & Milling Co.64 P. 3 (Nev. 1901)
  6. Oathout v. Seabrooke65 N.E. 521 (Ind. 1902)

Most recent

  1. Petition of Cooprider v. Fritz188 N.E. 579 (Ind. 1934)
  2. Kelley v. Augsperger85 N.E. 1004 (Ind. 1908)
  3. Schepman v. Buhner70 N.E. 390 (Ind. Ct. App. 1904)
  4. Oathout v. Seabrooke65 N.E. 521 (Ind. 1902)
  5. State v. April Fool Gold Mining & Milling Co.64 P. 3 (Nev. 1901)
  6. Thompson v. Board of Commissioners45 N.E. 519 (Ind. 1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
McKee v. Gould, 8 N.E. 724 (Ind. 1886) 20
Doctor v. Hartman, 74 Ind. 221 (1881) 57

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list