Funk v. State ex rel. Baker
Indiana Supreme Court
Erom Allen Circuit Court; James O. Branyan, Special Judge. Action by tbe State of Indiana, on the relation of Cain Baker, against Jacob Funk, as county treasurer of Allen county. From a judgment for plaintiff, defendant appeals. (For opinion on transfer from Appellate Court, see 37 Ind. App. 231.)
1Opinion of the CourtMontgomery, J.
—The court below issued an alternative writ of mandamus requiring appellant, as treasurer of Allen county, to sbow cause why be should not pay a warrant for $50, issued upon the order of the county surveyor to D. C. Cope or bearer, on account of the “Litzenberger ditch,” and assigned to the relator. Appellant filed his return or answer in four paragraphs. The- first was a general denial; the second admitted the allegations of the writ, and averred that at the time payment of the warrant was demanded the relator was owing taxes for state, county, township and city purposes, due and delinquent…
2Cases cited4 opinions
- People Ex Rel. Wood v. Board of Assessors & Collector of TaxesNew York Court of Appeals · 1893
- Western Union Telegraph Co. v. State ex rel. Hammond Elevator Co.Indiana Supreme Court · 1905
- Storer v. MarkleyIndiana Supreme Court · 1905
- Williams v. Citizens Enterprise Co.Indiana Supreme Court · 1899
3Cited by14 opinions
- Town of Windfall City v. State ex rel. WoodIndiana Supreme Court · 1909
- Delaware & Madison Counties Telephone Co. v. FiskeIndiana Court of Appeals · 1907
- Inland Steel Co. v. HarrisIndiana Court of Appeals · 1911
- STATE EX REL. AMERICAN FLETCHER ETC. v. Lake S. Ct.Indiana Supreme Court · 1961
- Darnell v. StateIndiana Supreme Court · 1910
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