Smith v. State ex rel. Shepard
Indiana Supreme Court
From Carroll Circuit Court; Henry H. Vinton, Special Judge. Action for writ of mandate by the State of Indiana, on relation of Charles Shepard and others, against James A. Smith, Trustee of Madison school township, Carroll county. From a judgment for relators, the defendant appeals.
1Opinion of the CourtHarvey, J.
— Appellees sued for a writ of mandate against appellant, trustee of Madison.school township, Carroll county, requiring appellant to construct a high, school building and maintain a high school in said township. The complaint is based on the theory that §2 of the act of 1913 (Acts 1913 p. 331, §6584a Burns 1914) mandates the trustee to erect a high school building when the facts recited in the section exist.
One essential fact required by the act is that there is not at the time in question “established a high school in *597such township, or in any town within such township, * * * and where there…
2Cases cited6 opinions
- State ex rel. Fry v. Board of CommissionersIndiana Supreme Court · 1890
- Weir v. State ex rel. WorlIndiana Supreme Court · 1903
- Bishop v. State ex rel. LordIndiana Supreme Court · 1882
- Advisory Board v. State ex rel. SmithIndiana Supreme Court · 1908
- Grimes v. PiersolIndiana Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Humphrey v. City National BankIndiana Supreme Court · 1921
- Stewart v. GishSupreme Court of Kansas · 1921
- Jackson School Township v. State Ex Rel. GarrisonIndiana Supreme Court · 1932
- State ex rel. Wyman v. HaltIndiana Supreme Court · 1921