Rader v. Burton

This case was originally filed in the Appellate Court. That court, in the belief that jurisdiction was in the Supreme Court pursuant to Acts 1925, ch. 201, §1, p. 487, being §4-214(4), Burns’ 1946 Replacement, transferred it here.

Section 4-214, supra, provides:

“Hereafter all appeals in appealable cases in the following classes shall be taken directly to the Supreme Court, viz.:

“Fourth. Cases of mandate and prohibition and actions or proceedings in quo warranto.”

The action here is one for a mandatory injunction to compel appellants to remove a certain culvert which they are alleged to have…