172 Ind. 510 | Ind. | 1909
Appraisers were appointed upon appellant’s petition, under section 111 of the act of 1905, concerning municipal corporations (Acts 1905, pp. 219, 292, §8716 Burns 1908), to reassess benefits to her property on account of certain street improvements. Such appraisers made report reducing appellant’s assessment about sixty per cent. Appellees thereupon moved to strike out and reject this report, upon numerous grounds, among which was the alleged unconstitutionality of the provisions authorizing such reassessment. This motion was overruled, the report ordered spread of record, and a judgment for costs rendered in favor of appellant. Subsequently upon motion of appellees this order or judgment was vacated, and the motion to reject the report sustained, and costs were adjudged against appellant. Appellant prayed and perfected an' appeal from this action, and in various forms has assigned error upon the adverse rulings of the court.
We are met at the threshhold with a motion by appellees to dismiss the appeal, for the reason that the proceeding is special, and no appeal from any decision therein is authorized by law.
The appeal is dismissed.