Malott v. State ex rel. Board of Commissioners
Indiana Supreme Court
From Clay Circuit Court; P. O. Colliver, Judge. Application for mandamus by State on the relation of the board of county commissioners, against Volney T. Malott, as receiver. From a judgment for relator, respondent appeals.
1Opinion of the CourtMonks, J.
This proceeding was brought to compel appellant, by writ of mandamus, to restore a certain highway, under clause five of §5153 Bums 1901, §3903 R. S. 1881, and Horner 1901. Ho alternative writ was issued, hut appellant demurred to the application for the writ for want of facts, and the same was overruled, and, appellant refusing to plead over, judgment was rendered in favor of appellee. The overruling of appellant’s said demurrer is assigned for error.
It is insisted by appellant that the application for the writ was insufficient, because it did not show that appellant was receiver by…
2Cases cited5 opinions
- Gableman v. Peoria, Decatur & Evansville Railway Co.Supreme Court of the United States · 1900
- Texas & Pacific Railway Co. v. JohnsonSupreme Court of the United States · 1894
- Malott v. ShimerIndiana Supreme Court · 1899
- Keen v. BreckenridgeIndiana Supreme Court · 1884
- Wayne Pike Co. v. State ex rel. WhitakerIndiana Supreme Court · 1893
3Cited by7 opinions
- Sacks v. American Fletcher National Bank & Trust Co.Indiana Supreme Court · 1972
- Rust v. SchwieningIndiana Court of Appeals · 1919
- Harmon v. BestIndiana Supreme Court · 1910
- Henry v. SwailesIndiana Court of Appeals · 1914
- Standard Cement Co. v. MinorIndiana Court of Appeals · 1908
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