Legal Opinion

State ex rel. Walker v. Wagner

Indiana Supreme Court

Decided November 6, 1907No. 21,041PublishedCited by 10 opinions

From Shelby Circuit Court; Will M. Sparks, Judge. Action by the State of Indiana, on the relation of Harry IT. Walker, against William H. Wagner. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtMonks, J.

The relator filed an information in the nature of a quo warranto for the purpose of ousting appellee from the office of councilman from the fourth ward of the city of Shelbyville and obtaining possession thereof himself. A demurrer for want of facts was sustained to the informa*145tion, and, relator refusing to amend, final ■ judgment was rendered in favor of the appellee.

The action of the court in sustaining said demurrer is called in question by the assignment of errors.

It appears from the information, among other things, that under the provisions of section forty-five of the act of 1905 (Acts…

2Cases cited12 opinions

  1. State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
  2. City of Terre Haute v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1897
  3. Erwin v. Mayor of Jersey CitySupreme Court of New Jersey · 1897
  4. State ex rel. Yancey v. HydeIndiana Supreme Court · 1889
  5. State ex rel. Coogan v. BarbourSupreme Court of Connecticut · 1885

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

3Cited by10 opinions

  1. Meek v. State ex rel. LinnvilleIndiana Supreme Court · 1909
  2. Wagner v. State ex rel. WalkerIndiana Supreme Court · 1910
  3. State Ex Rel. Wenzel v. MaySupreme Court of Minnesota · 1933
  4. Prezlak v. PadroneNew Jersey Superior Court Appellate Division · 1961
  5. City of Evansville v. BrownIndiana Court of Appeals · 1976

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

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