Jasper County Democrat, Volume 15, Number 74, Rensselaer, Jasper County, 18 December 1912 — Newton Tp., Road Case Appeal Dismissed. [ARTICLE]

Newton Tp., Road Case Appeal Dismissed.

The appellate court has dismissed the appeal of Almira M. Stockton, et al. vs. Reuben C. Yeoman, et al., I taken up from the Jasper circuit court by appellants, remonstrators in one of the proposed stone roads in Newton township, holding that no ! appeal lies from the circuit court, i hut that its action is final. The deqision is by Judge Cox and com curred in by other judges of the , court. In brief the court savs: <l) In a proceeding be loro a l board of commissioners to build a free gravel road by an issue of bonus on the benefited lands tinder -he act of sections 7694770 1, Burns 908, an appeal lies to the circuit court, but the judgment of the circuit court is final, from which there is no appeal. (2) An attempted appeal from the judgment of the circuit court on appeal, must be dismissed. (3) It is within the discretion of the legislature to give or withold the right of appeal (4) The general right of appeal in civil cases does not apply to special proceedings. The same parties appealed in the Everett Halstead et al. stone road petition in the same township, and, as the proceedings were the same in both cases, practically, it is likely that appeal will be dismissed also. This is probably the law, but it hardly seems right to say that uo appeal shall granted front the circuit court in oases of this kind.