187 Ind. 235 | Ind. | 1918
— On October 24, 1913, the board of public works of the city of Indianapolis adopted a resolution relative to the elevation of certain railroad tracks over LaSalle street in said city. Within fifteen days thereafter appellants duly perfected an appeal from the action of the board to the Superior Court of Marion county, sitting as a court of review in accordance with the provisions of §8867 Burns 1914, Acts 1905 p. 144. That statute provides that “upon such appeal being taken all parties shall be deemed bound thereby, and said court, all the judges thereof sitting, may modify or confirm, the order of said board in whole or in part, and the finding and judgment of such court shall be final and binding on all parties and no appeal shall lie therefrom.”
A trial of the issues presented by the appeal to the
Some reliance is placed on the rule, for which authority may be found: “That where an order of a court assuming to act under the special jurisdiction conferred by a statute goes beyond the scope, of the court’s, limited authority, an appeal íies, so far as the order is unauthorized, although the statute makes no provision for an appeal or excludes an appeal.” 3 C. J. 326, §42. Without determining the applicability of that rule in this jurisdiction under proper circumstances, it is enough to note that in the present case the order of the Marion Superior Court does-not exceed the jurisdiction conferred
Note. — Reported in 118 N. E. 957.