Legal Opinion

State Ex Rel. Mavity v. Tyndall

Indiana Supreme Court

Decided May 24, 1946No. 28,167PublishedCited by 46 opinions

1Opinion of the CourtRichman, J.

May a citizen who has been acquitted of a misdemeanor compel the surrender or destruction of his fingerprints, photographs and other identifying records made by city police officers at the time of his arrest? The trial court gave a negative answer to this interesting question by sustaining a demurrer to his complaint. Judgment for failure to plead over was followed by this appeal.

Though titled and verified as a mandamus action nevertheless the 10 paragraphs of complaint may have been treated below as a suit in equity. The judgment was not against the plaintiff but against “the plaintiff, John…

2Cases cited12 opinions

  1. Cason v. BaskinSupreme Court of Florida · 1944
  2. Barber v. Time, Inc.Supreme Court of Missouri · 1942
  3. Munden v. HarrisMissouri Court of Appeals · 1911
  4. Downs v. SwannCourt of Appeals of Maryland · 1909
  5. Matter of Molineux v. . CollinsNew York Court of Appeals · 1904

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

3Cited by46 opinions

  1. John Doe v. William H. Webster, Director, FbiCourt of Appeals for the D.C. Circuit · 1979
  2. Gill v. Curtis Publishing Co.California Supreme Court · 1952
  3. Doe v. Methodist HospitalIndiana Supreme Court · 1997
  4. City of Pepper Pike v. DoeOhio Supreme Court · 1981
  5. Carr v. WatkinsCourt of Appeals of Maryland · 1962

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API