Legal Opinion · Dissent

Seiler v. State ex rel. Board of Commissioners

Indiana Supreme Court

Decided January 9, 1903No. 19,892Published

From DeKalb Circuit Court; E. D. Hartman, Judge. Action by tbe' State on tbe relation of the board of commissioners of DeKalb county against Frank P. Seiler. From a judgment in favor of plaintiff, defendant appeals. Transferred from Appellate Court, under §1337o Burns 1901.

1Dissent

Dissenting Opinion.

Dowling, J.

I find myself unable to agree with the majority of the court in this case, and, in view of the importance of the issue presented, I will briefly state the reasons forfiny dissent from the prevailing opinion.

Two questions arise upon the record: (1) Did the act of March 1, 1895, (Acts 1895, p. 74) entitle the county auditor to special compensation for his services as a member of the board of review; and (2) if so, did the act of March 11, 1895 (Acts 1895, p. 319) deprive him of it, and require him to pay it into the county treasury ? After a careful examination of…

2Cases cited13 opinions

  1. Shea v. City of MuncieIndiana Supreme Court · 1897
  2. State ex rel. Platt v. KirkIndiana Supreme Court · 1873
  3. Sudbury v. Board of CommissionersIndiana Supreme Court · 1901
  4. Board of Commissioners v. GreshamIndiana Supreme Court · 1885
  5. Chambers v. State ex rel. BarnardIndiana Supreme Court · 1891

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