Cain School Township v. Foxworthy

Indiana Court of Appeals

Cain School Township v. Foxworthy

126 N.E. 875, 73 Ind. App. 697, 1920 Ind. App. LEXIS 181

CourtIndiana Court of Appeals

DecidedApril 9, 1920

DocketNo. 10,311

StatusPublished

This text of 126 N.E. 875 (Cain School Township v. Foxworthy) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cain School Township v. Foxworthy, 126 N.E. 875, 73 Ind. App. 697, 1920 Ind. App. LEXIS 181 (Ind. Ct. App. 1920).

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Opinion

Dausman, J.

The appellees instituted this action to foreclose their statutory lien on real estate owned by appellant. The board of trustees of the town of Hillsboro, by resolution, ordered the construction of a cement sidewalk on Davidson street. One of the tracts of real estate abutting the improvement and containing 3.75 acres is owned by appellant. The averments of the complaint are exactly the same as the averments of the complaint in Cain School Tp. v. Snyder (1920), ante 140, 126 N. E. 686, except as to proper names and amount involved. Demurrer to complaint was overruled and appellant refused to plead. Judgment for appellees in the sum of $139.92. The questions of law presented aré the identical questions presented in the Snyder case, and on the authority of that case the judgment herein is affirmed.

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Dausman, J.

The appellees instituted this action to foreclose their statutory lien on real estate owned by appellant. The board of trustees of the town of Hillsboro, by resolution, ordered the construction of a cement sidewalk on Davidson street. One of the tracts of real estate abutting the improvement and containing 3.75 acres is owned by appellant. The averments of the complaint are exactly the same as the averments of the complaint in Cain School Tp. v. Snyder (1920), ante 140, 126 N. E. 686, except as to proper names and amount involved. Demurrer to complaint was overruled and appellant refused to plead. Judgment for appellees in the sum of $139.92. The questions of law presented aré the identical questions presented in the Snyder case, and on the authority of that case the judgment herein is affirmed.

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Bluebook (online)

126 N.E. 875, 73 Ind. App. 697, 1920 Ind. App. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cain-school-township-v-foxworthy-indctapp-1920.

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