178 Ind. 494 | Ind. | 1912
Appellants filed a petition in the commissioners’ court of Jasper county, Indiana, for the improvement of certain highways in Jordan township, in said county, as provided by §7711 et seq. Burns 1908, Acts 1905 p. 521. The petition was set for hearing June 6, 1911, and notice given in compliance therewith.
On said date, appellee, as a taxpayer of said township, owning land directly affected by the proposed improvement, filed a written motion in commissioners’ court challenging the jurisdiction of the board, and praying a dismissal of said petition. The board overruled said motion and sustained the petition, appointed an engineer and two viewers, and referred the petition to them for further action. Appellee thereupon appealed to the circuit court of Jasper county, which court held that neither the commissioners nor the circuit court had jurisdiction of said cause, and ordered its dismissal, from which order this appeal is presented.
Appellants insist that the circuit court erred in refusing to dismiss appellee’s appeal from the order of the board. The sole question presented for determination here is, Was the action of the board sustaining said petition, a judgment from which an appeal could be taken?
The record does not show that any other order was made or action taken by the board. This appeal was prematurely taken, and the record presents no question for our consideration, except as stated above. An appeal will only lie in such cases from the final order of the board. Wilson v. McClain (1892), 131 Ind. 335, 336, 30 N. E. 1093; Kirsch v. Braun (1899), 153 Ind. 247, 259, 53 N. E. 1082.
Judgment reversed, with instructions to sustain appellants’ motion to dismiss the appeal' from the order of the board of commissioners. •
Note.—Reported in 99 N. E. 785. See, also, under (1) 11 Cyc. 405; (2) 37 Cyc. 133; (3) 2 Cyc. 591; (4) 2 Cyc. 985.