Adams v. Board of Commissioners
This text of 72 N.E. 1029 (Adams v. Board of Commissioners) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The assignment of errors is, that the court below erred in sustaining the demurrer of the appellee to appellant’s complaint.
It is sought by this appeal to determine, the constitutionality of section twenty-seven of “an act concerning county business” (Acts 1899, p. 343, §5594gl Burns 1901), and that question has been argued with signal ability in the briefs on file. A reference to the record, however, discloses the fact that no exception was taken or reserved to- the ruling of the court upon appellee’s demurrer to the complaint. An exception, taken in some form in the court below, to the ruling- is indispensable to bring the question judicially before the Supreme Court. If not taken at the proper time, and shown by the record, the exception is waived, and this court can not review the ruling. Zehnor v. Beard (1856), 8 Ind. 96; Johnson v. Hatch (1857), 10 Ind. 7; City of Evansville v. Martin (1885), 103 Ind. 206.
No other alleged error is presented, and the judgment must be affirmed.
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Cite This Page — Counsel Stack
72 N.E. 1029, 164 Ind. 108, 1905 Ind. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-board-of-commissioners-ind-1905.