Leeds v. Warren-Scharf Asphalt Paving Co.

Indiana Court of Appeals

Leeds v. Warren-Scharf Asphalt Paving Co.

85 N.E. 385, 42 Ind. App. 688, 1908 Ind. App. LEXIS 112

Indiana Court of Appeals·Decided July 2, 1908·No. No. 5,830·Published

Opinion

Hadley, J.

This suit was brought by appellee against appellant to foreclose a street assessment lien for the paving of Pine street in the city of Michigan City, and is a companion case to Zorn v. Warren-Scharf, etc., Pav. Co. (1908), ante, 213. It involves the same proceedings of the city council, the same questions are presented by the pleadings, and the same actions of the parties shown by the evidence; and upon the reasoning and authority in that ease this cause is reversed, with instructions to sustain appellant’s motion for a new trial.

Roby, J., absent.

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Hadley, J.

This suit was brought by appellee against appellant to foreclose a street assessment lien for the paving of Pine street in the city of Michigan City, and is a companion case to Zorn v. Warren-Scharf, etc., Pav. Co. (1908), ante, 213. It involves the same proceedings of the city council, the same questions are presented by the pleadings, and the same actions of the parties shown by the evidence; and upon the reasoning and authority in that ease this cause is reversed, with instructions to sustain appellant’s motion for a new trial.

Roby, J., absent.

Leeds v. Warren-Scharf Asphalt Paving Co., 85 N.E. 385, 42 Ind. App. 688, 1908 Ind. App. LEXIS 112 (Ind. Ct. App. 1908).

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