City of Logansport v. Justice

Dissenting Opinion.

Elliott, J.

In my judgment, notice to an individual •councilman is not notice to a municipal corporation, unless the councilman was at the time engaged in the business of the municipality.

The importance of the question, considered as an abstract matter of law, as well as the consequences which must necessarily flow from the enforcement of the rule declared in the opinion of the majority, must stand as my apology for a somewhat lengthy statement of the reasons which impel me to refuse assent to the prevailing opinion.

It is necessary, at the outset, to determine the relations…