186 Ind. 233 | Ind. | 1917
On September 11, 1912, John F. Cannon, John R. Goyer, and other landowners in Howard county, filed a petition with the Howard Circuit Court for the establishment and construction of a certain public drain in said county. Such further proceedings-were had in the premises as resulted in a judgment of the circuit court in which the drain was established in accordance with the report of the drainage commissioners, the assessments therefor were modified and confirmed, and the proposed work assigned to appellee, as commissioner for construction. This judgment was entered on November 7, 1913, which was the fifty-third judicial day of the September term, 1913, of the Howard Circuit Court. Subsequently, and within the term, the drainage commissioners filed a petition in which they asked authority to amend their report by changing in certain stated particulars the original specifications for the proposed improvement. This petition was granted, also within the term, and an order then en
It is the contention of appellants, in substance, that when the Howard Circuit Court, on November 7, 1913, entered a judgment confirming the original report of the viewers and establishing the drain, that action finally determined the plan on which the work was to be constructed and,thereafter the wisdom of the specifications, or the provisions thereof, could neither be questioned by the parties nor their contents altered by the court; since the cause remained on the docket solely for the purpose of carrying out the provisions of the judgment as rendered. Thompson v. Ryan (1914), 183 Ind. 232, 238, 108 N. E. 98; Broerman v. Spilker (1914), 183 Ind. 88, 108 N. E. 226; Heick v. Voight (1887), 110 Ind. 279, 286, 11 N. E. 306; Murray v. Gault (1913), 179 Ind. 658, 666, 101 N. E. 632; Walb v. Eshelman (1911), 176 Ind. 253, 260, 94 N. E. 566; Hoefgen v. Harness (1897), 148 Ind. 224, 228, 47 N. E. 470; Perkins v. Hayward (1892), 132 Ind. 95, 100, 31 N. E. 670.
This conclusion requires that.the judgment of the circuit court be affirmed and renders unnecessary a consideration of appellee’s motion to dismiss the appeal. Judgment affirmed.
Note. — Reported in 115 N. E. 781.