189 Ind. 1 | Ind. | 1919
This was a proceeding filed in the DeKalb Circuit Court of DeKalb county, Indiana, in which the appellants sought to have constructed and established a certain drain in DeKalb county. The petition was filed under §6142 Burns 1914, Acts 1907 p. 508, and contained all the necessary averments required under said statute. The appellants, William Armstrong and Elizabeth Armstrong, were the only petitioners. What is termed a two-thirds remonstrance in writing was filed in said court to said petition in which the remonstrators alleged that they constituted “more than two-thirds in number of the land
The errors relied on for reversal are: “The court erred in overruling appellant’s motion for a new trial and dismissing appellant’s petition.” The motion for a new trial alleges that the decision of the court is not sustained by sufficient evidence and that the decision of the court is contrary to law.
Special findings showing that, from the lands of certain remonstrators, not named in the drainage petition, the “surface water by natural and artificial courses finally flows into the proposed drain,” do not authorize the Supreme Court, as a matter of law, to
Persons whose lands are affected by a proposed drain, even though they are not named in the petition or remonstrance, may be counted in determining the sufficiency of a remonstrance with reference to the number of remonstrators, since such persons, as well as owners named in the petition or remonstrance, must bear the burden of any assessment that may be made against their lands, and by standing silent they as effectually express their wishes as do those who remonstrate. Rayl v. Kirby (1913), 180 Ind. 553, 102 N. E. 136, 103 N. E. 440.
The petition in this case was filed July 8, 1916, and the day set for docketing was August 7, 1916, and on
5. One of the petitioners, William Armstrong, testified that, as near as he could tell, he had placed in his petition the names of all persons affected by the drainage. The trial court heard the evidence and found upon the issues presented by the remonstrance in favor of the remonstrants. We have examined the record and find the evidence contradictory, but that the finding of the court is amply sustained by the evidence. The evidence is sufficient on appeal if the inferences from the evidence are sufficient to support the judgment. It is not essential that the fácts be established by positive evidence. Continental Ins. Co. v. Bair (1917), 65 Ind. App. 502; 114 F. E. 763, 116 N. E. 752. It is sufficient that the evidence supplies reasonable grounds for inferring facts
There was evidence to support the decision of the trial court, and the court did not err in overruling appellant’s motion for a new trial, and in dismissing appellant’s petition.
Judgment affirmed.