Board of Trustees v. State ex rel. Harding
Indiana Supreme Court
APPEAL from the Ripley Circuit Court. At the February term, 1857, of the Ripley Circuit Court, Stephen S. Harding filed his affidavit, on which he moved the Court for a writ of mandate against the board of trustees of Franklin township, of Ripley county. The writ was issued in the alternative form, and made returnable at the same term.
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APPEAL from the Ripley Circuit Court. At the February term, 1857, of the Ripley Circuit Court, Stephen S. Harding filed his affidavit, on which he moved the Court for a writ of mandate against the board of trustees of Franklin township, of Ripley county. The writ was issued in the alternative form, and made returnable at the same term. The facts set forth in the affidavit, which are embodied in the writ, are substantially as follows: Two of the school districts of Franklin township, of Ripley county, which existed prior to the taking effect of the school law of June 14, 1852, were indebted to…
1Opinion of the CourtHanna, J.
It is insisted by the appellant that the following errors occurred in the rulings of the Court below:
1. In overruling the demurrer to the writ, and the motion to quash the same.
2. In sustaining the demurrer to the third paragraph of the answer.
*2073. In finding for the plaintiff on the evidence, and pronouncing judgment thereon over the motion for a new trial.
Previous to the adoption of the R. S. of 1852, the legal principle had been recognized in this Court, that a mandamus would not be granted where the party applying had a different legal remedy. Marshall v. The State, 1 Ind. R. 74.—The…
2Cases cited3 opinions
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- City of Connersville v. Connersville Hydraulic Co.Indiana Supreme Court · 1882
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