Opinion
No. 26,000.
Filed March 4, 1931.
From Lake Superior Court; Virgil S. Reiter, Judge.
Appeal to the Lake Superior Court by Charles W. Prott and Jessie Rhodes Prott from an assessment for the construction of a sewer in the city of Gary. From a judgment reducing the assessment, the city of Gary appealed to the Appellate Court. (Transferred to the Supreme Court under cl. 2, § 1357 Burns 1926.) Reversed, on the authority of City of Gary v. Roper, ante 445, 175 N.E. 242.
Fredrick C. Crumpacker, Edwin H. Friedrich, Harry Sharavsky and Jay E. Darlington, for appellant.
Gavit, Hall, Smith Gavit, for appellee.
The question involved in this appeal is identical with that decided in City of Gary v. Roper (1931), ante 445, 175 N.E. 242, and upon the authority of that case, the judgment herein is reversed, and the cause is remanded with instructions to the trial court to dismiss appellee's amended complaint and for further proceedings under the original complaint as provided by § 10569 Burns 1926.