State ex rel. Board of Commissioners v. Board of Commissioners
Indiana Supreme Court
From Superior Court of Marion county (70,567); Vinson Carter, Judge. Action by the State of Indiana, on relation of the Board of Commissioners of the County of Hendricks, against the Board of. Commissioners of the County of Marion. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtMonks, J.
This action was brought to compel appellee, by the writ of mandamus, to perform certain alleged duties, under the act approved March 7, 1905 (Acts 1905, p. 493, §§6816-6822 Burns 1905), for the construction of free gravel, stone or other macadamized roads on county lines.
Appellee’s demurrer was sustained to the petition and alternative writ, and, appellant refusing to plead further, judgment was rendered for appellee.
The only errors assigned call in question the action of the court in sustaining said demurrer.
*599It appears from the petition and alternative writ that a petition was filed with the…
2Cases cited59 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Spencer v. MerchantSupreme Court of the United States · 1888
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Backus v. Fort Street Union Depot Co.Supreme Court of the United States · 1898
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3Cited by70 opinions
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Thorn v. SilverIndiana Supreme Court · 1909
- Klepinger v. Bd. of Comm. Co. of MiamiIndiana Court of Appeals · 1968
- Hersey v. NeilsonMontana Supreme Court · 1913
- Chicago & Erie Railroad v. LuddingtonIndiana Supreme Court · 1910
65 more not listed; retrieve them via the Exa API.