Legal Opinion

State ex rel. Warren v. Ogan

Indiana Supreme Court

Decided March 13, 1902No. 19,502PublishedCited by 17 opinions

From Fountain Circuit Court; Jere West, Special Judge. Quo warranto by tbe State on the relation of Omar P. Warren and another against George Ogan and others to try the title to the offices of school trustees of the city of Yeedersburg. From a judgment sustaining a demurrer to the information, relators appeal.

1Opinion of the CourtGillett, J.

— The important question in this ease is, can the common council of a newly incorporated city at once elect three trustees of the school city, on the theory that the offices of trustees of the former school town have, by the act of incorporation, ceased to exist?

*120Tlie determination of this question depends upon the proper construction of §4 of the act of March 6, 1865, (§5914 Burns 1901, §4438 Homer 1901) ; and §5 of the act of March 12, 1875, §5915 Burns 1901, §4439 Iiorner 1901. The material portions of said §4 read as follows: “Each civil township and each incorporated town or city in the…

2Cases cited12 opinions

  1. Blakemore v. DolanIndiana Supreme Court · 1875
  2. State ex rel. Clark v. Haworth, School Trustee of Monroe School TownshipIndiana Supreme Court · 1890
  3. City of Lafayette v. JennersIndiana Supreme Court · 1858
  4. School Town of Princeton v. GebhartIndiana Supreme Court · 1878
  5. McGuffey v. McClainIndiana Supreme Court · 1892

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

3Cited by17 opinions

  1. Crawfordsville Trust Co. v. RamseyIndiana Supreme Court · 1912
  2. United States v. Board of Sch. Com'rs, Indianapolis, Ind.District Court, S.D. Indiana · 1971
  3. Bullock v. BillheimerIndiana Supreme Court · 1911
  4. Teeple v. State ex rel. BowerIndiana Supreme Court · 1908
  5. Fort Wayne Community Schools v. State Ex Rel. New Haven Public SchoolsIndiana Supreme Court · 1959

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

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