Legal Opinion

Wagner v. State ex rel. Walker

Indiana Supreme Court

Decided March 11, 1910No. 21,416PublishedCited by 8 opinions

Prom Decatur Circuit Court; Marshall Hacker, Judge. Action by The State of Indiana, on the relation of Harry H. Walker, against William H. Wagner. Prom a judgment for plaintiff, defendant appeals.

1Opinion of the CourtMyers, J.

This is a second appeal (State, ex rel., v. Wagner (1907), 170 Ind. 144). Upon the return of the cause to the Shelby Circuit Court, appellant filed an answer in general denial, also an answer alleging that at the time the relator wn's elected councilman for the fourth ward of the city of Shelhyville, Indiana, to wit, on February 18, 1907, the members of the council of said city at said time did not *604vote by ayes and noes. There was a reply in general denial, a trial, finding and judgment for relator.

Relator claims an appointment to the office of councilman, as successor to one Wilson,…

2Cases cited14 opinions

  1. Erwin v. Mayor of Jersey CitySupreme Court of New Jersey · 1897
  2. City of Logansport v. CrockettIndiana Supreme Court · 1878
  3. City of Green Bay v. BraunsWisconsin Supreme Court · 1880
  4. People ex rel. Mead v. Treasurer of Ingham CountyMichigan Supreme Court · 1877
  5. City of Madison v. KorblyIndiana Supreme Court · 1869

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3Cited by8 opinions

  1. Penn American Plate Glass Co. v. PolingIndiana Court of Appeals · 1912
  2. Beasley v. City of East ClevelandOhio Court of Appeals · 1984
  3. Hastings v. Board of CommissionersIndiana Supreme Court · 1933
  4. State Ex Rel. Wenzel v. MaySupreme Court of Minnesota · 1933
  5. State Ex Rel. Wineholt v. LaPorte Superior Court No. 2Indiana Supreme Court · 1967

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