Baker v. Stehle

• Decision Date: 22 March 1918
• Docket Number: No. 23156.,23156.
• Citation: 119 N.E. 4,187 Ind. 468
• Parties: BAKER v. STEHLE et al.
• Court: Indiana Supreme Court

187 Ind. 468

119 N.E. 4

BAKER

v.STEHLE et al.

No. 23156.

Supreme Court of Indiana.

March 22, 1918.

Appeal from Circuit Court, Miami County; Charles O. Cole, Judge.

Petition by Andy Stehle and others for the construction of a concrete highway, to which Lewis Baker objected. From an order of the board of commissioners establishing the highway, Baker appealed to the circuit court, and from a judgment dismissing his appeal and referring the proceedings back, he again appeals. Affirmed.Tillett & Laurence, of Peru, and Morris M. Townley, of Chicago, Ill., for appellant. V. E. Kagy, of Peru, for appellees.

SPENCER C. J.

This proceeding was instituted before the board of commissioners of Miami county to secure the construction of a certain highway improvement in that county. From an order of the board of commissioners establishing the proposed work appellant prosecuted an appeal to the Miami circuit court, and now complains of the action of that court in dismissing his appeal and in referring the proceedings back to the board of commissioners. The assignment of errors contains five specifications, and under the heading of “Points and Authorities” appellant's brief sets out 15 separately numbered propositions of law, with authorities cited in support thereof, but no attempt is made to apply any of such propositions to particular assignments of error, and most of them are stated in abstract form. Rule 22, cl. 5 (55 N. E. vi), of the rules of this court expressly provides that the several propositions or points presented in an appellant's brief shall be grouped under a separate heading for each error relied on, and a violation of this provision has frequently been held to require an affirmance of the judgment below. Cleveland, etc., R. Co. v. Ritchey (1916) 111 N. E. 913;Chicago, etc., R. Co. v. Dinius (1913) 180 Ind. 596, 626, 103 N. E. 652.

On the authority of those decisions the judgment in the present case is affirmed.