Legal Opinion

State ex rel. Winterburg v. Demaree

Indiana Supreme Court

Decided November 15, 1881No. 8838PublishedCited by 26 opinions

From the Johnson Circuit Court.

1Opinion of the CourtElliott, C. J.

— The first question which this record presents is: Will mandamus lie to compel a board of county commissioners to repair a bridge forming part of a public highway belonging to the county ?

It is the duty of the county officers to keep the public bridges of the county in repair. House v. The Board, etc., 60 Ind. 580; Pritchett v. The Board, etc., 62 Ind. 210. We are not enquiring, in this ease, what, under the present statute,, will be the result of a failure to perform this duty; we are simply enquiring whether it exists.

It is a familiar principle that where a discretionary power is conferred…

2Cases cited13 opinions

  1. Chicago City v. RobbinsSupreme Court of the United States · 1863
  2. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  3. County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
  4. Hamilton v. State ex rel. BatesIndiana Supreme Court · 1852
  5. House v. Board of Comm'rs of Montgomery Co.Indiana Supreme Court · 1878

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3Cited by26 opinions

  1. Board of Commissioners v. PearsonIndiana Supreme Court · 1889
  2. Board of Commissioners v. LeggIndiana Supreme Court · 1884
  3. State v. County CourtWest Virginia Supreme Court · 1890
  4. Board of Commissioners v. MutchlerIndiana Supreme Court · 1894
  5. Board of Commissioners v. HuffmanIndiana Supreme Court · 1892

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

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