Randolph v. City of Indianapolis, No. 21,358.

• Docket Nº: No. 21,358.
• Citation: 88 N.E. 949, 172 Ind. 510
• Case Date: June 22, 1909
• Court: Supreme Court of Indiana

172 Ind. 510
88 N.E. 949

RANDOLPH
v.
CITY OF INDIANAPOLIS et al.

No. 21,358.

Supreme Court of Indiana.

June 22, 1909.

Appeal from Superior Court, Marion County; Vinson Carter, Judge.

Proceedings by the City of Indianapolis and others against Corrina E. Randolph to reassess benefits for street improvements. From an order setting aside the report of appraisers, defendant appeals. Dismissed.

Denny & Denny, Morris M. Townley, and Horace L. Gould, for appellant. Frederick E. Matson, Crate D. Bowen, James D. Peirce, and Joseph F. Cowan, for appellees.

MONTGOMERY, C. J.

Appraisers were appointed upon appellant's petition under section 111, p. 292, c. 129, Acts 1905, concerning municipal corporations (section 8716 Burns' Ann. St. 1908), to reassess benefits to her property on account of certain street improvements. Such appraisers made report reducing appellant's assessment about 60 per cent. Appellees thereupon moved the court to strike out and reject this report upon numerous grounds, among which was the alleged unconstitutionality of the provisions authorizing such reassessment. This motion was overruled, and the report ordered spread of record, and a judgment for costs rendered in favor of appellant. Subsequently, upon motion of appellees, this order or judgment was vacated, and the motion to reject the report sustained and costs adjudged against appellant. Appellant prayed and perfected an appeal from this action, and in various forms has assigned error upon the adverse rulings of the court.

We are met at the threshold with a motion by appellees to dismiss the appeal for the reason that the proceeding is special, and no appeal from any decision therein is authorized by law. It is well settled that the granting of appellate rights is a subject of legislative discretion, and the general right of appeal allowed from final judicial judgments does not apply to special proceedings. Statutory provisions for the improvement of streets and other highways, and for the assessment of the costs thereof against the property benefited, are special in character, and, unless expressly granted, no appeal lies from any action or decision of the board or tribunal conducting such proceedings. Sims v. Hines, 121 Ind. 534, 23 N. E. 515;Hughes et al. v. Parker et al., 148 Ind. 692, 48 N. E. 243. The statute before us provides that the report of appraisers appointed by the court “shall be final and conclusive upon all parties thereto.” No appeal from such report or...