185 Ind. 669 | Ind. | 1916
— Appellant brought an action in the circuit court to enjoin appellee Guthrie, as auditor
This appeal presents for our consideration the ruling of the court on the demurrer to the first and second paragraphs of complaint, and the conclusions of law on the facts found.
The only question remaining for consideration is the correctness of the court in its conclusions of law on the facts found. The findings disclose that, in the year 1911, the board of commissioners had pending before it seven petitions for gravel roads in Clear Creek township to be built under the “three mile gravel road law”; and that all of said petitions were found to be sufficient and the roads were ordered built. Contracts were made by the board for the building of the same, and bonds were issued for the payment of the first five so ordered constrúcted. The further -findings of the court are that the bonds issued to build the proposed road, together with bonds already outstanding, are in a sum less than “four per cent, of the total assessed taxable valuation of the property of the township.” On these findings the court stated its conclusions of law that the law was with the defendants (appellees) and rendered judgment accordingly.
It is insisted by appellant that the entering into the contracts for the building of the other two roads, created an indebtedness beyond the limitation fixed by §7732 Burns 1914, supra, and that the court erred in its conclusions of law in holding that such contracts did not constitute an indebtedness which should be taken into consideration in fixing the amount of liability. The question here is as to
It is further contended that the law providing for the building of gravel roads of three miles or less is unconstitutional and void for the reason that it violates §1, Art. 13, of the Constitution. What we have already said on the ruling on the demurrer to the first paragraph of complaint disposes of this question.
There being no reversible error presented, the judgment is affirmed.
Note. — Reported in 114 N. E. 443. Interest on municipal bonds, as a factor in determining tbe limitation of indebtedness, 17 Ann. Cas. 1243.