State Ex Rel. Bailey v. Webb

On January 1, 1939, Gary was a city of the second-class. On that date a mayor and a judge of the city court went into office. Both undertook to ap point a bailiff for the city court. The appellee Webb, appointed by the judge, achieved possession of the office, and the relator Bailey brought this action seeking possession. The only question presented is whether the mayor or the city judge had the appointing power. It was held by the trial court that the power was in the judge, and this decision conforms with an opinion of the Attorney General of Indiana dated December 14, 1938.

Prior to 1933…