Heaston v. Board of Commissioners

Indiana Supreme Court

Heaston v. Board of Commissioners

53 N.E. 837, 153 Ind. 439, 1899 Ind. LEXIS 61

CourtIndiana Supreme Court

DecidedMay 16, 1899

DocketNo. 18,630

StatusPublished

Cited by1 cases

This text of 53 N.E. 837 (Heaston 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.

Bluebook

Heaston v. Board of Commissioners, 53 N.E. 837, 153 Ind. 439, 1899 Ind. LEXIS 61 (Ind. 1899).

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Opinion

Baker, J.

Proceeding by appellee to obtain an additional assessment to cover a deficit arising from the improvement of a highway under the act of March 3, 1877. Acts 1877, page 82, §§5091 et seq. R. S. 1881 and Horner 1897. [440]*440§§6855 et seq. Burns 1894. Trial by court, special findings of fact and conclusions of law. All of the questions presented by appellants, except one in regard to the judgment’s being $500 in excess of the largest amount warranted by the findings of fact, have been decided adversely to appellants’ contentions. Kline v. Board, etc., 152 Ind. 321. The judgment strictly conforms to the conclusions of law, and the motion to modify the judgment is therefore unavailing. The alleged error respecting the $500 occurs in the second conclusion of law and can not be reached because appellants only excepted jointly to all the conclusions.

Judgment affirmed.

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Baker, J.

Proceeding by appellee to obtain an additional assessment to cover a deficit arising from the improvement of a highway under the act of March 3, 1877. Acts 1877, page 82, §§5091 et seq. R. S. 1881 and Horner 1897. [440]*440§§6855 et seq. Burns 1894. Trial by court, special findings of fact and conclusions of law. All of the questions presented by appellants, except one in regard to the judgment’s being $500 in excess of the largest amount warranted by the findings of fact, have been decided adversely to appellants’ contentions. Kline v. Board, etc., 152 Ind. 321. The judgment strictly conforms to the conclusions of law, and the motion to modify the judgment is therefore unavailing. The alleged error respecting the $500 occurs in the second conclusion of law and can not be reached because appellants only excepted jointly to all the conclusions.

Judgment affirmed.

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Bluebook (online)

53 N.E. 837, 153 Ind. 439, 1899 Ind. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heaston-v-board-of-commissioners-ind-1899.

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