178 Ind. 599 | Ind. | 1912
This was a proceeding instituted before the Board of Commissioners of the County of Huntington, nnder §7663 Burns 1908, Acts 1905 p. 521, to record an alleged unrecorded and unsurveyed highway, alleged to have become a highway by twenty years user and by dedication.
At the threshold of the case we are confronted by the question of jurisdiction, by a motion to dismiss the appeal, on the ground that several parties to the judgment below are
It appears from appellees’ statement of the record, not contradicted, that the judgment in the cause was rendered April 21, 1910; that this is a vacation appeal; that the transcript in the cause was filed in this court April 19, 1911, on notice to attorneys, and the cause submitted May 19, 1911. On July 24, 1911, a motion to dismiss the appeal for want of jurisdiction, accompanied by proof of service, was filed. The petition in the proceeding was signed by Daniel Walter, Samuel Dixon, Gus Brebough, Anton Ritter, Sophia Erlanbough, George Hitzfield, John Pfeister, Lizzie Snyder, Catherine Teuseh, John Teusch, Helmuth Guhl, Jr., Julius Guhl, Jr., John Shumacker, Joseph Haas and David Kiser. It is alleged in the petition that the highway passes along and upon the lands of appellant and eight other named persons, who are not named as parties here, either as appellants or appellees, and also along and on the lands of the following named persons: Samuel Dixon, Julius and Helmuth Guhl, Augustus Brebough, Sophia Erlanbough, Catherine Teusch and John Teusch, who, except Julius Guhl, are named as appellees, though notice of appeal was served on the attorneys of record for the petitioners, naming them, April 13, 1911. It is alleged in the petition that the highway passes along and on the lands of George W. Souers, Peter Petrie, Mathias Petrie, Jacob Petrie, Nicholas Petrie, Samuel Dixon, Mary C. Dixon, Julius and Helmuth Guhl, Helmuth Guhl, Francis Isley, Augustus Brebaugh, Sophia Winkelman, .Daniel Walter, Edward Starbuek, Sophia Erlanbough, Catherine Teuseh and John Teuseh. The assignment of errors contains the name of George W. Souers as sole appellant, and Daniel Walter, Samuel Dixon, Gus Brebough, Anton Ritter, Sophia Erlanbough, George Hitzfield,
Note.—Reported in 99 N. E. 1002. See, also, under (1) 37 Cyc. 41; (4) 2 Cyc. 750; (5) 2 Cyc. 703; (7) 2 Cyc. 785; 3 Cyc. 185. As to highways by user, see 57 Am. St. 744. As to what constitutes dedication to and acceptance of a public street, see 129 Am. St. 576.