Legal Opinion

Dunn v. State ex rel. Eakin

Indiana Supreme Court

Decided October 6, 1904No. 20,384PublishedCited by 35 opinions

From Monroe Circuit Court; J. B. Wilson, Judge. Action by' tbe State of Indiana, on relation of Julia S. Eakin, against Frank J. Dunn, as mayor of Bloomington, and the common council of said city, for a writ of mandate to compel them to remove an obstruction to an alley. Judgment for plaintiff, and defendants appeal.

1Opinion of the Court

Jobdan, O. J.

The relatrix prosecuted this action to secure a writ of mandamus to compel appellants, as mayor and members of the common council of the city of Bloomington, Monroe county, Indiana, to remove obstructions which had been placed across a certain alley of said city. The obstructions consisted of a fence and gate which had been built or constructed across said alley at a point thereon near certain real estate claimed to be owned by one Mary Stewart, and had been maintained as an obstruction of said alley since the 12th day of May, 1902. They served to prevent the free use by the…

2Cases cited5 opinions

  1. Manlove v. StateIndiana Supreme Court · 1899
  2. Stauffer v. Salimonie Mining & Gas Co.Indiana Supreme Court · 1897
  3. State ex rel. Cashman v. Board of CommissionersIndiana Supreme Court · 1899
  4. Rowe v. BatemanIndiana Supreme Court · 1899
  5. Chicago Horseshoe Co. v. LewisIndiana Supreme Court · 1901

3Cited by35 opinions

  1. Matter of LawranceIndiana Supreme Court · 1991
  2. Rutherford v. KatzenbergerCourt of Appeals of Maryland · 1983
  3. Wick v. Chicago Telephone Co.Illinois Supreme Court · 1917
  4. American Food Co. v. HalsteadIndiana Supreme Court · 1905
  5. Crawfordsville Trust Co. v. RamseyIndiana Court of Appeals · 1913

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