Moore v. Bible

• Court: Indiana Supreme Court
• Writing for the Court: Montgomery, J.
• Citation: Moore v. Bible, 173 Ind. 413, 90 N. E. 892 (Ind. 1910)
• Decision Date: 27 January 1910
• Docket Number: 21,370
• Parties: Moore et al. v. Bible et al

90 N.E. 892

173 Ind. 413

Moore et al. v. Bible et al

No. 21,370

Supreme Court of Indiana

January 27, 1910

From White Circuit Court; James P. Wason, Judge.

Highway petition by Evert Bible and others, against which Joseph T Moore and another remonstrate. From a judgment for petitioners, remonstrants appeal.

Affirmed.

Alfred W. Reynolds, Addison K. Sills and Addison K. Sills, Jr., for appellants.

Palmer & Carr, for appellees.

OPINION

Montgomery, J.

This is a proceeding for the improvement of a highway less than three miles in length, begun before the Board of Commissioners of the County of White, and taken by appeal to the court below. Appellants' motion to dismiss, and demurrer to, the petition were overruled, and the work ordered constructed, and these rulings have been assigned as errors. The real question involved is the validity of the law upon which the proceeding was founded, and that question has been decided adversely to appellants in the cases of Smith v. Board etc. (1910), ante, 364, and Harmon v. Gephart (1910), ante, 391. Appellants' counsel criticise the form of judgment entered by the court below, but no motion to modify the same was made, and no question in that respect is presented for review. Upo...