Finerty, Auditor v. State Ex Rel. School City of Gary

This is an action brought by the State, on the relation of the School City of Gary, against the appellant Finerty, as auditor, and the appellant Confer, as treasurer, of Lake County, Indiana. The action-, is in mandate to compel appellants to pay over to appellee-an undistributed portion of the “county dog fund.” The court overruled the appellants’ demurrer to the complaint. The appellants refused to plead further and a judgment was rendered in favor of the appellee. This appeal challenges the correctness of the court’s ruling on the demurrer to the complaint.

The complaint, which is in one…