39 Ind. 159 | Ind. | 1872
This was a proceeding commenced before the
We hold that no appeal lies in such case as this, and hence that the circuit court had no power to dismiss the petition or case, but should have dismissed the appeal for want of jurisdiction.
This question was fully considered in the case of the Trustees of the Town of Princeton v. Manck, 35 Ind. 51, and in Church v. The Town of Knightstown, 35 Ind. 177. The cases cited in the case of the Trustees of the Town of Princeton v. Manck leave no doubt in our minds as to the correctness of the ruling. Section 86, above cited, says: “Which shall be conclusive evidence of such annexation in all courts in this State.” The action of the board is conclusive, and, therefore, there is no appeal. The court below erred in dismissing, the petition or case, but should have dismissed the appeal for want of jurisdiction.
The judgment of the court below is reversed, with instructions to dismiss the appeal, at the costs of the appellees in this court.