189 Ind. 386 | Ind. | 1920
Appellees filed their petition in the office of the auditor of Hancock county for the improvement of a public highway under the provisions of the statute providing for such improvements, where the road to be improved is three miles, or less, in length. §§7712-7719 Burns 1914, Acts 1913 p. 690.' The pro
Two questions were presented to the board and decided. When the petition was filed with the auditor, a day was fixed for the hearing and noted on the back of the petition, and notice was given as provided by statute. §7712 Burns 1914, supra. On March 6; 1916, the day set for the hearing, the petition was presented to the board of commissioners of Hancock county and proof of notice by publication and posting was made, whereupon the board found that the petition was in due form and sufficient, and that the facts therein alleged were true. At the same time the board made an order, granting the prayer of the petition, and appointed a civil engineer and
The resident freeholders and voters, who filed the remonstrance appealed from the final order of the board of commissioners, but Johnson and the other petitioners, whose motion to withdraw from the petition was denied, did not join in the appeal.
In the circuit court, on appeal, Johnson and other petitioners offered to refile their motion filed before the board, for an order striking'their names from the petition, which offer the court denied, and refused to permit such motion to be filed; but the court permitted the remonstrators to file an original motion to the same effect by Johnson and seventy-five other petitioners, which motion was overruled.
Adherence to the rule announced in the case cited requires the court to hold that there was no error in the rulings of the trial court.
Judgment affirmed.