Legal Opinion

State ex rel. Hunter v. Winterrowd

Indiana Supreme Court

Decided June 3, 1910No. 21,519PublishedCited by 22 opinions

From Superior Court of Marion County (78,401); Vinson Carter, Judge. Action by the State of Indiana, on the relation of Edgar O. Hunter, against Thomas A. Winterrowd, as building inspector of the City of Indianapolis, and others. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtMontgomery, J.

This is a proceeding for a peremptory writ of mandamus to compel appellee Winterrowd, as building inspector of the city of Indianapolis, to approve certain plans for an apartment house and to issue a permit for its erection in said city. Appellees waived the issuance of an alternative writ, appeared and filed a demurrer to the petition, on the ground that the facts therein stated were insufficient to constitute a cause of action. This demurrer was sustained, and, appellant declining to amend, final judgment was rendered in favor of appellees. The only error assigned is the sustaining of…

2Cases cited8 opinions

  1. State ex rel. Port Royal Mining Co. v. HagoodSupreme Court of South Carolina · 1889
  2. Wright v. KelleyIdaho Supreme Court · 1895
  3. Brooks v. State ex rel. SingerIndiana Supreme Court · 1904
  4. State v. CumminsIndiana Supreme Court · 1908
  5. City of Auburn v. State ex rel. First National BankIndiana Supreme Court · 1908

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3Cited by22 opinions

  1. Hollman v. WarrenCalifornia Supreme Court · 1948
  2. Westerman v. MimsTexas Supreme Court · 1921
  3. State Ex Rel. Test v. SteinwedelIndiana Supreme Court · 1932
  4. State v. McMillanIndiana Supreme Court · 1980
  5. Comley, State's Attorney, Ex Rel. Rowell v. BoyleSupreme Court of Connecticut · 1932

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