27 Ind. 485 | Ind. | 1867
Prosecution by affidavit and information' against the appellants for maintaining a nuisance. Motion to quash overruled; trial by the court; finding of guilty. Motions for a new trial and in arrest of judgment overruled, and judgment upon the verdict, with an order that the structure which was the subject of the prosecution, • a market-house, be taken down and removed.
The affidavit and information are identical in their allegations, and charge that ever since the year 1840, there have
The causes assigned for a new trial were, that the finding of the court was contrary to law, and contrary to the evidence ; and that the court erred in refusing to permit the defendants to give certain evidence of authority to maintain the market house.
The bill of exceptions contains the evidence, which is in substance as follows: That in 1819 the donation enlargement, embracing the place where the market house is situated, was, by a duly acknowledged and recorded plat, laid off into
The street was widened, and the first market house built, by order of the common council of the city in 1849, and there have been markets kept there ever since, three mornings in each week, which are conducted under the ordi
The question argued by counsel as to the sufficiency of the affidavit and information is settled by this court in Burke v. The State, ante p. 427.
¥e think, however, that the court below erred in overruling the motion for a new trial. The appellants wei’e, at the time of the acts complained of, members of the common council of the city of Evansville, and had the power
The judgment is reversed, and the cause remanded, with directions to grant a new trial, and for further proceedings.