Legal Opinion · Dissent

State ex rel. Dark v. Mann

Indiana Court of Appeals

Decided January 15, 1909No. 6,482Published

From Superior Court of Marion County (68,379) ; John L. McMaster, Judge. Action by The State of Indiana, on the relation of Elizabelli Dark, against James M. Mann and others. From a judgment for defendants, plaintiff appeals.

1Dissent

Dissenting Opinion.

Comstock, P. J.

Action brought by appellant against appellees on a bond given by appellees Mann, as principal, and the Terre ITaute Brewing Company and Maurice Donnelly, as sureties, under the statutes authorizing the sale of intoxicating liquors.

Separate and joint demurrers for want of facts were sustained to the complaint, and judgment was rendered thereon against appellant for costs. The-action of the court is assigned as error.

The complaint alleges that the relatrix is the wife of Stephen C. Dark; that for the past eight or ten months he has been and is now an habitual…

2Cases cited30 opinions

  1. Gregory v. Cleveland, Columbus, Cincinnati & Indianapolis RailroadIndiana Supreme Court · 1887
  2. Chicago, St. Louis & Pittsburgh Railroad v. BillsIndiana Supreme Court · 1885
  3. Western Union Telegraph Co. v. ReedIndiana Supreme Court · 1884
  4. Feder v. FieldIndiana Supreme Court · 1889
  5. Terre Haute & Indianapolis Railroad v. McCorkleIndiana Supreme Court · 1895

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