183 Ind. 21 | Ind. | 1915
— The basis of this appeal was a proceeding on the part of appellee through its common council to extend and open certain of its streets through lands owned by appellants under the statutes governing the subject-matter. §§8700-8705, 8959 Burns 1914, Acts 1905 p. 219, §§97-102, Acts 1913 p. 12. Appellants, having unsuccessfully remonstrated against the assessments of benefits and awards of damages to their lands affected, attempted to appeal from the confirmation of the assessments and awards by filing an original complaint in the circuit court as provided by §§8704, 8705 Burns 1914, Acts 1905 p. 219, §§101, 102. On motion of appellee, based on the ground that the appeal had not been perfected in the time provided by the statute, the complaint was dismissed by the circuit court. This is an attempt to appeal from that action which is here assigned as error.
No review by this court, by appeal, of any question arising in a proceeding under the statute involved here is contemplated. As an appeal to this court from the judgment on the merits which the circuit court is authorized to render, is denied, it is clear that none can be taken to review an alleged error occurring in the proceeding before reaching the judgment on the merits.
Appellee’s motion is sustained and appeal is dismissed.
Note. — Reported in 108 N. E. 106. As to damages and injuries for which compensation must be made under eminent domain proceedings, see 31 Am. Dec. 373; 88 Am. Dec. 113; 4 Am. St. 399; 9 Am. St. 144; 19 Am. St. 459; 22 Am. St. 50; 85 Am. St. 201. See also, under (1) 15 Cyc. 944; (2) 2 Cyc. 540.