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Reports of Cases Decided in the Supreme Court of the State of Indiana (Volume 172)

Reports of Cases Decided in the Supreme Court of the State of Indiana (Volume 172)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1910 Excerpt: ... City of Indianapolis v. State, ex rel--172 Ind. 472. by such appraisers with said board board of public works, and such report shall be final and conclusive on all parties thereto." 8716, supra. It will be noted that such report shall be entered, not as the judgment of the court, but entered as a judgment is entered on the records of the court. The duty of enter 2. ing judgments on the record of the court is the duty of the clerk, and not of the court. It will be further observed that the report shall be filed with the board of works as well as with the court, and it is not the judg 3. ment of the court on the report, but the report itself as presented by the appraisers, that shall be final and conclusive. We do not see in this any attempt of the legislative department to abridge the freedom and independence of the judiciary in their rendition of judicial judgments. Board, etc., v. State, ex rel. (1897), 147 Ind. 476; City of Terre Haute v. Evansville, etc., B. Co. (1897), 149 Ind. 174, 37 L. B. A. 189. Another thing will be noted: The presentation of the report to the court, and its being spread of record therein, imparts no force or effect to the proceeding. It does not purport to validate the assessments modified by the appraisers, nor to create or effect any lien by virtue thereof, or even delay the improvement. The assessment liens on the benefited property date "from 4. the time the contract for such improvement is finally let." 8711 Burns 1908, Acts 1905, pp. 219, 288, 108. And the proviso in question enacts that "the delivery of the assessment roll to the department of finance, as hereinbefore provided, shall not be delayed on account of such proceeding, nor shall the rights of any of the property holders be affected thereby." ...


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Product Details
  • ISBN-13: 9781154025866
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 296
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1154025861
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 585 gr


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