Morgenthaler v. Crites
Allen Circuit Court
The relator presented his petition to the judges of this court, in which it is averred that he is a resident and tax-payer of the state.
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The relator presented his petition to the judges of this court, in which it is averred that he is a resident and tax-payer of the state. That May 26, 1888, he was employed as a tax inquisitor by the county auditor, county commissioners and county treasurer of Allen county, under sec. 2781, Rev. Stat. That .he furnished evidence under his said contract to the defendant, showing error in the tax returns of Calvin S. Brice, in this, that the said Brice held in each of the years from 1889, back to 1884 personal property, investments in bonds, stocks, etc., subject to taxation in said county, and…
1Opinion of the CourtBeer, J.
We think the fair construction of this section is, that if the writ has been allowed by the court, the defendant must answer, because in that case the court has passed upon the sufficiency of the petition, but where a judge allows the writ, the court has not passed upon the sufficiency of the pleading. It makes no difference that more than one judge signed the order granting the writ; such signing does not make the order granting the writ the act of the court. In this case the writ was not allowed by the court.
We hold, therefore, that the demurrer searches the whole record. 2 N. Y., 490; 10…
2Cases cited5 opinions
- Thomson v. WoosterSupreme Court of the United States · 1885
- Chance v. TempleSupreme Court of Iowa · 1855
- People Ex Rel. Post v. RansomNew York Court of Appeals · 1949
- State ex rel. Cuppel v. Milwaukee Chamber of CommerceWisconsin Supreme Court · 1879
- State ex rel. Orton v. McArthurWisconsin Supreme Court · 1868