Legal Opinion

Roth v. State ex rel. Kurtz

Indiana Supreme Court

Decided April 1, 1902No. 19,322PublishedCited by 50 opinions

From Marion Superior Court; Vinson Carter, Judge. Mandamus by the State on the relation of Jacob D. Kurtz and others against Charles C. Roth and others, members of the board of public safety of the city of Indianapolis, to restore relators to their positions as policemen of said city, from which they had been dismissed. From a judgment in favor of relators, defendants appeal.

1Opinion of the CourtJordan, C. J.

Appellants, Charles C. Roth, Nelson J. Hyde, and Wilson C. McMillen, on and prior to December 15, 1899, and subsequent thereto, were the members of the board of public safety of the city of Indianapolis. Re*244lators on said day, and previous thereto, were policemen of that city, having been appointed by the board of public safety as members of the regular police force, and were discharging the duties of patrolmen. On said day appellants, as members of said board, by an order entered on the records of their office, assumed to dismiss relators from the police force without granting them any trial…

2Cases cited13 opinions

  1. Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
  2. Dullam v. WillsonMichigan Supreme Court · 1884
  3. Page v. HardinCourt of Appeals of Kentucky · 1848
  4. People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
  5. Kennard v. Louisiana Ex Rel. MorganSupreme Court of the United States · 1876

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3Cited by50 opinions

  1. De Castro v. Board of Comm'rs of San JuanSupreme Court of the United States · 1944
  2. Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
  3. Schwab v. Schlumberger Well Surveying Corp.Texas Supreme Court · 1946
  4. City of Fort Wayne v. BishopIndiana Supreme Court · 1950
  5. State Ex Rel. Felthoff v. RichardsIndiana Supreme Court · 1932

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