Legal Opinion

Shutt v. State ex rel. Cain

Indiana Supreme Court

Decided July 2, 1909No. 21,477PublishedCited by 12 opinions

Prom Marion Circuit Court; Charles Bemster, Judge. Action by The State of Indiana, on the relation of Michael II. Cain, against Samuel C. Shutt. Prom a judgment for plaintiff, defendant appeals.

1Per curiam

The relator brought this action against the appellant for the possession of the office of statehouse engineer.

Appellant, who was in possession of the office, was appointed by Charles J. Wheeler, superintendent of public buildings and property, under section eleven of the act of .1895 (Acts 1895, p. 359).

The relator claims the office by appointment of the Governor, under provision of section eleven of the act of 1897 (Acts 1897, p. 118), which purports to amend section eleven of the act of 1889 (Acts 1889, p. Ill), contending that said act of 1895 is invalid.

Judgment was rendered in favor of…

2Cases cited5 opinions

  1. State ex rel. Colbert v. WheelerIndiana Supreme Court · 1909
  2. Farmers' Bank v. . HaleNew York Court of Appeals · 1874
  3. Sams v. KingSupreme Court of Florida · 1882
  4. Penick v. High Shoals Manufacturing Co.Supreme Court of Georgia · 1901
  5. Jackson v. MoyeSupreme Court of Georgia · 1862

3Cited by12 opinions

  1. Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
  2. State Ex Rel. White v. Grant Superior CourtIndiana Supreme Court · 1930
  3. Lodge 1858, American Federation of Government Employees v. WebbCourt of Appeals for the D.C. Circuit · 1978
  4. Department of Insurance v. Church Members Relief Ass'nIndiana Supreme Court · 1940
  5. State ex rel. Mass Transportation Authority v. Indiana Revenue BoardIndiana Court of Appeals · 1968

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