Anglemyer v. Board of Commissioners of Huntington County
| Decision Date | 10 October 1899 |
| Docket Number | 18,682 |
| Citation | 54 N.E. 803,153 Ind. 217 |
| Parties | Anglemyer et al. v. The Board of Commissioners of Huntington County |
| Court | Indiana Supreme Court |
From the Huntington Circuit Court.
Affirmed.
B. M Cobb, for appellants.
O. W Whitelock and S. E. Cook, for appellee.
This was a proceeding instituted before the board of commissioners of the county of Huntington to reassess lands of appellants benefited by the construction of a free gravel road known as The Roanoke and Jackson Gravel Road.
Proceedings to construct this highway were commenced in 1883 under the act of 1877, §§ 6855, 6856 Burns 1894, §§ 5091, 5092 Horner 1897. It appears that said road was constructed, and bonds issued and sold by the county, under the provisions of the statute, in order to raise money to pay the cost and expenses arising out of the improvement. It is further disclosed that the original assessment made upon the lands benefited proved to be insufficient to pay all of the expenses and cost incurred in and about the construction of the highway, and the deficit rendered it necessary to institute this action for a reassessment of the lands in question.
Appellants appeared before the board of commissioners, in pursuance of the notice given, and remonstrated against the additional assessment of benefits upon their lands; and such proceedings were had before the board as resulted in the appointment of viewers to make an additional assessment, which was accordingly made, and said assessment was approved and confirmed by the board; from which order the remonstrators appealed to the circuit court. In the latter court an amended remonstrance was filed. Certain paragraphs of this remonstrance were stricken out on motion, and the ruling of the court in rejecting these paragraphs is assigned as error. On the trial the court made a special finding of facts, and stated its conclusions of law thereon. Over appellants' joint exceptions to these conclusions of law, and over their motion for a new trial, judgment was rendered upon the finding.
Appellants unsuccessfully moved to modify the judgment, and have assigned error upon this ruling of the court. Counsel for appellee, in an additional brief filed on November 1, 1898 insist that the conclusions, which appellants seek to present for review in this appeal, are identical with those involved and decided by this court in Kline v. Board, etc., 152 Ind. 321, ...
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