Rissing v. City of Fort Wayne
This text of 34 N.E. 453 (Rissing v. City of Fort Wayne) 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.
Opinion
This was a proceeding commenced before the appellee’s city council to widen a street. The city commissioners assessed benefits and damages, and the common council approved their report.
From this action, an appeal was taken to the circuit court, and from the judgment there rendered the cause was appealed to this court. It is our opinion that the case belongs in the Supreme Court.
This is not an action for the enforcement of a statutory lien by the contractor, but the appeal is from the original proceedings before the city council, and no jurisdiction in such cases has been conferred upon the appellate court.
The case should be transferred to the docket of the Supreme Court.
It is so ordered.
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Cite This Page — Counsel Stack
34 N.E. 453, 7 Ind. App. 103, 1893 Ind. App. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rissing-v-city-of-fort-wayne-indctapp-1893.