126 Ind. 169 | Ind. | 1890
— The appellant is the owner • of certain real estate in White county, which was assessed for the construo
Issues were joined and trial had before the court without a jury, resulting in a finding and judgment for the appellees. Appellant filed a motion for a new trial, which was overruled, and exceptions reserved, and error assigned in overruling the motion for a new trial.
The reversal of the judgment is asked, on the ground that the finding of the-court is not sustained by the evidence, for the reason-that the proceedings before the board of commissioners are illegal and void.
We do not deem it necessary to set out and consider each objection made to this record, as no new questions are presented. The proceedings, while in some respects informal, are not void, and are valid as against a collateral attack. Prezinger v. Harness, 114 Ind. 491; Montgomery v. Wasem, 116 Ind. 343; City of Elkhart v. Wickwire, 121 Ind. 331.
During the pendency of the proceedings before the board of commissioners the National Park Bank appeared and
"We have no doubt if an appeal authorized bylaw from the final order in the case had been taken, and afterwards a dismissal of the cause in the circuit court, this would end the jurisdiction of the board of commissioners as to the party appealing; but no appeal authorized by law was taken in this case. The appeal being from the decision in striking out the application to certify the caseto the United States Court, and not from the final order of the board in the cause, it was unauthorized, and did not vacate the proceedings before the board, nor did it give the circuit court jurisdiction to try the case de novo. By such appeal the cause was not in the circuit court, and hence the jurisdiction of the board of commissioners was not affected, at least not as relates to parties other than the bank, who appealed. Freshour v. Logansport, etc., T. P. Co., 104 Ind. 463; Tomlinson v. Peters, 120 Ind. 237; Neptune v. Taylor, 108 Ind. 459.
The finding is sustained by the evidence.
Judgment affirmed, with costs.