Kraus v. Board of Commissioners

Indiana Court of Appeals

Kraus v. Board of Commissioners

80 N.E. 544, 39 Ind. App. 624, 1907 Ind. App. LEXIS 185

CourtIndiana Court of Appeals

DecidedMarch 13, 1907

DocketNo. 6,367

StatusPublished

Cited by6 cases

This text of 80 N.E. 544 (Kraus v. Board of Commissioners) 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

Kraus v. Board of Commissioners, 80 N.E. 544, 39 Ind. App. 624, 1907 Ind. App. LEXIS 185 (Ind. Ct. App. 1907).

Pincite

Opinion

Hadley, J.

Appellee, the Board of Commissioners of the County of Miami, on December 18, 1905, entered into a contract, in writing, with Lehman & Schmitt, architects, for the preparation of plans and specifications for a courthouse in said county, and the superintendence of the construction thereof. Appellant, as a taxpayer and aggrieved thereby, filed his affidavit and bond for an appeal to the Miami Circuit Court from said action of said board, under §7859 Burns 1901, §5772 R. S. 1881. The cause was transferred from the Miami Circuit Court to the .Cass Circuit Court, and there, upon motion of appellee, the appeal was dismissed. This ruling of the court on the motion to dismiss is assigned as error.

The action of the board in entering into said contract with Lehman & Schmitt was an administrative act, and'not a decision from which an appeal will lie under said section. Board, etc., v. Davis (1894), 136 Ind. 503, 22 L. R. A. 515; Moffit v. State, ex rel. (1872), 40 Ind. 217; Farley v. Board, etc. (1891), 126 Ind. 468; Platter v. Board, etc. (1885), 103 Ind. 360; O’Boyle v. Shannon (1881), 80 Ind. 159; Good v. Burk (1906), 167 Ind. 462; Potts v. Bennett (1894), 140 Ind. 71. This being true, the motion to dismiss the appeal was properly sustained.

Judgment affirmed.

All concur.

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Hadley, J.

Appellee, the Board of Commissioners of the County of Miami, on December 18, 1905, entered into a contract, in writing, with Lehman & Schmitt, architects, for the preparation of plans and specifications for a courthouse in said county, and the superintendence of the construction thereof. Appellant, as a taxpayer and aggrieved thereby, filed his affidavit and bond for an appeal to the Miami Circuit Court from said action of said board, under §7859 Burns 1901, §5772 R. S. 1881. The cause was transferred from the Miami Circuit Court to the .Cass Circuit Court, and there, upon motion of appellee, the appeal was dismissed. This ruling of the court on the motion to dismiss is assigned as error.

The action of the board in entering into said contract with Lehman & Schmitt was an administrative act, and'not a decision from which an appeal will lie under said section. Board, etc., v. Davis (1894), 136 Ind. 503, 22 L. R. A. 515; Moffit v. State, ex rel. (1872), 40 Ind. 217; Farley v. Board, etc. (1891), 126 Ind. 468; Platter v. Board, etc. (1885), 103 Ind. 360; O’Boyle v. Shannon (1881), 80 Ind. 159; Good v. Burk (1906), 167 Ind. 462; Potts v. Bennett (1894), 140 Ind. 71. This being true, the motion to dismiss the appeal was properly sustained.

Judgment affirmed.

All concur.

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Bluebook (online)

80 N.E. 544, 39 Ind. App. 624, 1907 Ind. App. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kraus-v-board-of-commissioners-indctapp-1907.

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