Kraus v. Bd. of Com'rs of Miami Cnty.
| Decision Date | 13 March 1907 |
| Docket Number | No. 6,367.,6,367. |
| Parties | KRAUS v. BOARD OF COM'RS OF MIAMI COUNTY |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Cass County; John S. Lairy, Judge.
Appeal to the circuit court by Milton Kraus from the action of the board of commissioners of Miami county in entering into a contract with a firm of architects. Appeal dismissed, and Kraus appeals. Affirmed.Bailey & Cole, R. J. Loveland, and Antrim & McClintic, for appellant. F. D. Butler, J. F. Lawrence, McConnell, Jenkines, Jenkines & Stuart, and Cox & Andrews, for appellee.
Appellees, the board of commissioners of Miami county, on the 18th day of December, 1905, entered into a contract in writing with Lehman and Schmitt, architects, for the preparation of plans and specifications for a courthouse in said county, and the superintendence of the construction thereof. Appellant, as a taxpayer and aggrieved thereby, filed his affidavit and bond for an appeal to the Miami circuit court from said action of said board, under section 7859, Burns' Ann. St. 1901. The cause was transferred from the Miami circuit court to the Cass circuit court, and there, upon motion of appellee, the appeal was dismissed. This ruling of time court on the motion to dismiss is assigned as error.
The action of the board in entering into the said contract with Lehman and Schmitt was an administrative act, and not such a decision from which an appeal will lie under said section 7859. Board v. Davis, 136 Ind. 503, 36 N. E. 141, 22 L. R. A. 515;Moffit v. State ex rel., 40 Ind. 217;Farley v. Board, etc., 126 Ind. 468, 26 N. E. 174;Platter v. Board, etc., 103 Ind. 360, 2 N. E. 544;O'Boyle v. Shannon, 80 Ind. 159;Good v. Burk (Ind. Sup.) 77 N. E. 1080;Potts v. Bennett, 140 Ind. 71, 39 N. E. 518.
This being true, the motion to dismiss the appeal was properly sustained.
Judgment affirmed. All concur.
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Lincoln v. Board of Com'rs of Tippecanoe County, 79A04-8610-CV-315
...64 Ind.App. 103, 115 N.E. 361 (proceedings to move county seat to new location is ministerial act); Kraus v. Board of Commissioners of Miami County (1907), 39 Ind.App. 624, 80 N.E. 544 (contracting with architect to prepare plans for county courthouse and with builder to supervise construct......
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Codington Cnty. v. Bd. of Com'rs of Codington Cnty.
...the construction of a public building is not the exercise of quasi judicial power, but is an administrative act. In Kraus v. Board of Com'rs, 39 Ind. App. 624, 80 N. E. 544, the court said: “Appellee, the board of commissioners of the county of Miami, on December 18, 1905, entered into a co......
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Codington County v. Codington County Commissioners
...the construction of a public building is not the exercise of quasi-judicial power, but is an administrative act. In Kraus v. Board of Com’rs, 39 Ind. App. 624, the court “Appellee, the board of commissioners of the county of Miami, on December 18, 1905, entered into a contract, in writing, ......
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