Thorpe v. Butt

The ordinary of Marion county issued certain tax executions against Thorpe, a tax-collector, and his sureties. These were placed in the hands of the sheriff, who made levies thereunder. Thorpe filed an equitable petition, seeking to enjoin the executions on the ground that the ordinary had no jurisdiction to issue the executions, as the judge of the county court had exclusive jurisdiction over all county matters. This petition was dismissed on demurrer, and the injunction refused. The plaintiff in error insists that the judge of the county court, under the act of 1872 (Civil Code, §4176), has…