Legal Opinion

State ex rel. Gleason v. Gerdink

Indiana Supreme Court

Decided December 10, 1909No. 21,438PublishedCited by 16 opinions

Prom Superior Court of Vigo County; John E. Cox, Judge. Action by The State of Indiana, on the relation of William T. Gleason, against John W. Gerdink. Prom a judgment for defendant, plaintiff appeals.

1Opinion of the CourtHadley, C. J.

This is a proceeding in quo warranto to contest with appellee the right to the office of city judge for the city of Terre Haute.

To fill the vacancy occasioned by the resignation of the incumbent of the office, the mayor of the city, acting under section 218 of the cities and towns act of 1905 (Acts 1905, p. 219, §8845 Burns 1908), appointed appellee to fill said vacancy, and the Governor, assuming to act under constitutional powers, appointed the relator to the same vacancy. Both appointees proceeded to qualify under their respective appointments, and appellee, having taken possession of the…

2Cases cited12 opinions

  1. State v. GerhardtIndiana Supreme Court · 1896
  2. City of Terre Haute v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1897
  3. Arnett v. State, ex rel. DonohueIndiana Supreme Court · 1907
  4. Robertson v. State ex rel. SmithIndiana Supreme Court · 1887
  5. Rogers v. GoodwinMassachusetts Supreme Judicial Court · 1807

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
  2. Kelso v. CookIndiana Supreme Court · 1916
  3. State Ex Rel. Gannon v. Lake Circuit CourtIndiana Supreme Court · 1945
  4. State Ex Rel. Smith v. Starke Circuit CourtIndiana Supreme Court · 1981
  5. City of Marion v. AntrobusIndiana Court of Appeals · 1983

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