Legal Opinion

State ex rel. Fairchilds v. Anderson

Indiana Supreme Court

Decided June 9, 1908No. 21,284PublishedCited by 7 opinions

From Posey Circuit Court; O. M. Welborn, Judge. Action by the State of Indiana, on the relation of Minor. Fairchilds and others, against John W. Anderson, as Trustee of Robb School Township. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtMonks, J.

This action was brought by the relators to compel appellee, Trustee of Robb School Township, by writ of mandamus, to furnish the means of transportation for their children of. school age, under the act approved March 11, 1907 (Acts 1907, p.444, §1, §6423 Burns 1908).

1. Appellee appeared and filed a demurrer for want of facts to .the petition. By so appearing appellee waived the issuance of the alternative writ. Wren v. City of Indianapolis (1884), 96 Ind. 206, 211; Pfister v. State, ex rel. (1882), 82 Ind. 383; Gill v. State, ex rel. (1880), 72 Ind. 266; Board, etc., v. Mowbray (1903), 160…

2Cases cited6 opinions

  1. Gill v. State ex rel. BoardIndiana Supreme Court · 1880
  2. Board of Commissioners v. MowbrayIndiana Supreme Court · 1903
  3. Wren v. City of IndianapolisIndiana Supreme Court · 1884
  4. Pfister v. State ex rel. FoxIndiana Supreme Court · 1881
  5. Hoxie v. County Commissioners of SomersetSupreme Judicial Court of Maine · 1845

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

3Cited by7 opinions

  1. Miller v. Jackson TownshipIndiana Supreme Court · 1912
  2. Teeple v. State ex rel. BowerIndiana Supreme Court · 1908
  3. Town of Windfall City v. State ex rel. WoodIndiana Supreme Court · 1909
  4. Waters v. State ex rel. NeffIndiana Supreme Court · 1909
  5. State ex rel. Good v. HowardIndiana Supreme Court · 1910

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

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