State ex rel. Moore v. Board of Commissioners
Indiana Supreme Court
From Montgomery Circuit Court; Jere West, Judge. Mandamus by tlie State of Indiana, on the relation of "William E. Moore, against the Board of Commissioners of Clinton County. From a judgment for defendant, relator appeals.
1Opinion
On Petition for Rehearing.
Gillett, C. J.
A petition for a rehearing has been filed by appellee in tbe above' cause. It is urged that we erred in holding that the judgment of the White Circuit Court was uot void, although before tbe institution of that proceeding tlio board had ordered the tax canceled. The subsequent cause was not like a claim against the county, where the board merely audits and allows or rejects tbe claim. When, the second proceeding arose, the hoard was acting in a judicial capacity. For such purpose it had been created as an independent tribunal to pass upon the rights *599of…
2Cases cited16 opinions
- Lafayette, Muncie, & Bloomington Rail Road v. GeigerIndiana Supreme Court · 1870
- English v. SmockIndiana Supreme Court · 1870
- Bittinger v. BellIndiana Supreme Court · 1879
- Board of Commissioners v. SpanglerIndiana Supreme Court · 1902
- State ex rel. Repp v. CoxIndiana Supreme Court · 1900
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