Lowe v. Indiana Hydro-Electric Power Co.
Lowe v. Indiana Hydro-Electric Power Co.
Opinion of the Court
This is an appeal from a judgment appointing appraisers and overruling appellants’ objections to the taking of such action in a proceeding in eminent domain for the alleged reasons that the trial court was without jurisdiction, and that the plaintiff (appellee) had no right to exercise the power of eminent domain for the use sought. Section 933 Burns 1914, (Acts 1905 p. 59, §5) expressly provides that under such circumstances th4 “defendants, or any of them, may appeal to the Supreme or Appellate Court from such decision as and in the manner that appeals are taken from final judgments in civil actions”, and this appeal seems to have been perfected in conformity with that statute.
The motion to dismiss the appeal is overruled.
Reference
- Full Case Name
- Lowe v. Indiana Hydro-Electric Power Company
- Status
- Published