Legal Opinion

Advisory Board v. State ex rel. Smith

Indiana Supreme Court

Decided May 26, 1908No. 21,089PublishedCited by 10 opinions

From Howard Circuit Court; J. F. ElUott, Judge. Action by the State of Indiana, on the relation of Zadoc Smith, against the Advisory Board of Harrison Township. From a- judgment for plaintiff, defendant appeals.

1Opinion of the CourtHadley, J.

Action by appellee for a peremptory writ of mandate directed against appellant, requiring said board to authorize the trustee of Harrison township to borrow money to be expended in the construction of a joint schoolhouse, under the provisions of §§6617, 6619-6622 Burns 1908, §§4512, 4513 R. S. 1881, Acts 1901, p. 53, §§1-3.

A petition for a writ was filed in the Miami Circuit Court September 17,1906, and on the same date an alternative writ was issued and served on the advisory board, then composed of Rose, Stitt and Graham. It is alleged in the petition, in substance, that school district No.…

2Cases cited9 opinions

  1. State v. GerhardtIndiana Supreme Court · 1896
  2. State v. BaileyIndiana Supreme Court · 1901
  3. State ex rel. Moore v. Board of CommissionersIndiana Supreme Court · 1903
  4. Wood v. State ex rel. SeilerIndiana Supreme Court · 1900
  5. Advisory Board of Washington Township v. State, ex rel. WhaleyIndiana Supreme Court · 1905

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3Cited by10 opinions

  1. Thorn v. SilverIndiana Supreme Court · 1909
  2. City of Lebanon v. Public Service Co. of IndianaIndiana Supreme Court · 1938
  3. Illyes v. White River Light & Power Co.Indiana Supreme Court · 1911
  4. Home Owners' Loan Corp. v. WiseIndiana Supreme Court · 1939
  5. Jackson School Township v. State Ex Rel. GarrisonIndiana Supreme Court · 1932

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