Fahlor v. Board of Comm'rs of Wells County
| Decision Date | 02 April 1885 |
| Docket Number | 11,363 |
| Citation | 101 Ind. 167 |
| Parties | Fahlor v. The Board of Commissioners of Wells County et al |
| Court | Indiana Supreme Court |
From the Wells Circuit Court.
N Burwell, for appellant.
This action was brought by the appellant to enjoin the collection of certain taxes levied upon and assessed against his lands by the appellee, The Board of Commissioners of Wells County for the construction of a gravel road, and which the appellee John P. Deam, as county treasurer, was demanding, and threatening to collect.
Separate demurrers by the appellees, severally, to the complaint, on the ground that the same did not state facts sufficient to constitute a cause of action, were sustained by the court and the appellant refusing to amend his complaint, final judgment, on demurrer, was rendered against him, from which he has appealed to this court, and assigns as errors that the court below erred in sustaining said demurrers.
The complaint averred, in substance, that the appellant then was and for more than ten years past had been, the owner of certain real estate therein described; that said board of commissioners had attempted to levy a special tax upon said real estate to aid in the construction of a gravel road designated "The Bluffton and Rockford Gravel Road," and had caused the auditor of said county to enter upon the tax duplicate provided for the purpose, against said real estate, a tax of $ 218.40, to be paid in five years, in semi-annual instalments; that said duplicate for said tax for the year 1882 was then in the hands of said county treasurer for collection, and that he had demanded payment thereof, and was threatening to collect the same by distress and sale unless they were paid; that said taxes had created a cloud on the appellant's title to said real estate, and that the same had been assessed and entered upon said tax duplicate, under and pursuant to certain proceedings claimed and purporting to have been had before said board of commissioners, and under and in pursuance of its orders entered upon the record of the proceedings of said board, a copy of which was filed with the complaint. It was then averred that the proceedings for the levy and collection of said taxes, including the appointment of the three viewers and engineer to examine, view and lay out said gravel road, and all subsequent proceedings connected therewith, were defective, illegal and void, for the reason that said board of commissioners were not in legal session on the 20th day of October, 1881, when the petition was presented asking and praying for the construction of said gravel road, and when the order was made appointing said viewers and engineer, and fixing a day when they should meet and proceed to examine, view and lay out said gravel road; that the board was not in general session, because the law prescribed another and different time for such general session, and was not legally in special session, because no summons had been issued by the auditor, or any other officer of Wells county, to the sheriff of said county, convening the said board on that day, or any previous day from which the board had adjourned to that day; that no such notice was served on said board, nor on a majority thereof; that said board received the said petition for the construction of said gravel road, and appointed viewers and engineer to examine, view and lay out the same, on Thursday, the 20th day of October, 1881, and then claimed and pretended to be in legal session for the transaction of general business, and for the transaction of this particular business, because the law authorized the said board to hold a session on the first Monday after the second Tuesday in October to receive reports from the school trustees of the receipts and...
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Johnson v. Bd. of Com'rs of Wells Co.
...for the one purpose of receiving reports from school trustees. This proceeding was before this court in the case of Fahlor v. Board Com'rs Wells Co., 101 Ind. 167, and it was there held that a complaint by Fahlor to enjoin the collection of an assessment against his land was good, because i......
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Heim v. Brammer
...the power of the board to transact business other than that for which the session was specially designated, and it was held, in Fahlor v. Board, 101 Ind. 167, that “the board has no power, at such sessions, to transact any other business.” The decision in that case was expressly followed in......
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Hobbs v. The Board of Commissioners of Tipton County
...time. Injunction will lie to restrain the collection of taxes where the proceedings of the board of commissioners are void. Fahlor v. Board, etc., supra; Bishop v. Moorman, 98 Ind. 1 (49 Am. 731); Brown v. Goble, supra; Columbus, etc., R. W. Co. v. Board, etc., supra. Judgment reversed. ...
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Johnson v. The Board of Commissioners of Wells County
... ... purpose of receiving reports from school trustees ... This ... proceeding was before this court in the case of ... Fahlor v. Board, etc., 101 Ind. 167, and it ... was there held that a complaint by Fahlor to enjoin the ... collection of an assessment against his ... ...