38 Ind. App. 334 | Ind. Ct. App. | 1906
Appellees, at the February term, 1904, of the Board of Commissioners of the County of Morgan, filed their petition for the incorporation of the town of Morgan-town. Proof of survey, map, census and exhibition thereof as provided for in the statute relative to the incorporation of towns (§§4314-4322 Burns 1901, §§3293-3301 E. S. 1881) was made, “and the board having examined said petition and finding the same sufficient orders that an election be held on Eebruary 20, 1904.” At the March term, on March Y, appellants appeared and moved to set aside the election theretofore held, and objected to the making of an order of incorporation, upon the stated ground that at the time of holding such election no order had been entered of record by said board ordering the same; that no record had been made showing the filing of said petition; that the requisite notice of said election was not given “as shown by the papers now on file,” and that the petition was not sufficient to give the board jurisdiction. On March 8 the petitioners filed a motion asking that a nunc pro tunc entry be made showing the action actually taken by said board, as the same was shown by memoranda made by the board at the time. The motion was sustained and an extended and detailed entry made of such proceedings, appellant objecting thereto. Proof of an election held in conformity with said order having been made, a majority in favor of the incorporation of said town being shown, it
Judgment affirmed.