Board of Commissioners v. Fahlor
Indiana Supreme Court
Board of Commissioners v. Fahlor, 132 Ind. 426 (Ind. 1892)
31 N.E. 1112; 1892 Ind. LEXIS 89
Elliott
Board of Commissioners v. Fahlor
Opinion of the Court
— This case is in this court for the second time. Fahlor v. Board, etc., 101 Ind. 167. A branch of the subject-matter of .this controversy, exhibiting some of the facts and questions contained in the record* now before us was considered in Johnson v. Board, etc., 107 Ind. 15. The cases to which we have referred lay down two leading rules which govern this case.
First. Notice is essential to confer jurisdiction in proceedings for the establishment of a public road, where an
Second. Where judicial proceedings are void because of an entire absence of notice to a property owner, a subsequent statute assuming to validate such proceedings is invalid.
Judgment affirmed.
Reference
- Full Case Name
- The Board of Commissioners of Wells County v. Fahlor
- Cited By
- 2 cases
- Status
- Published