159 Ind. 364 | Ind. | 1902
— Appellee, an incorporated town situated in Adams county, Indiana, commenced this action to recover of appellant, an abutting owner, the cost of paving a certain sidewalk in said town. The improvement in controversy was made in pursuance of §§4394, 4396 Burns 1901, and this action was instituted under §4397 of the same-statute. The venue was changed from the Adams to the Jay Circuit Court, wherein, on a trial before the court, appellee was awarded $35.90, and a decree foreclosing the statutory lien for that amount. The appeal from that judgment comes to this court by reason of appellant’s contention that the evidence discloses that the ordinance under which the paving of the sidewalk was made and the proceedings thereunder are invalid. '
The errors assigned are (1) that the complaint does not state facts sufficient to constitute a cause of action; (2)
All the other questions discussed by counsel for appellant depend for their solution entirely upon the evidence. By a written precipe which is appended to the transcript’ in this appeal, and which was made under and in pursuance of the provisions of §661 Burns 1901, appellant, by his counsel, directed the clerk of the lower court to “prepare and certify a full, true, and complete transcript of the following proceedings, papers on file, judgment, and decree, to wit.” Here follows an enumeration or mention of the papers, documents, and entries in the cause which the clerk
The evidence not being properly before us, we must, without consideration of their merits, dismiss the several questions depending for determination upon the evidence.
Judgment affirmed.