State ex rel. Board of Directors v. Overman
Indiana Supreme Court
Erom Randolph. Circuit Court; A. O. Marsh, Judge. Mandamus by directors of county infirmary of Darke county, Ohio, to compel Thomas J. Overman as sheriff of Randolph county, Indiana, to receive an insane pauper into his custody. From a judgment in favor of defendant, plaintiff appeals.
1Opinion of the CourtDowling, J.
This was an application for a writ of mandate requiring the appellee to receive into his custody, and to detain in the jail of Randolph county, Indiana, one Roll Joseph, an insane person. Alternative writ issued. Demurrers to complaint and to alternative writ, because the appellant had not the legal capacity to sue, and for want of facts, sustained. Judgment on the demurrers. The error assigned is upon the rulings on the demurrers.
*142The material allegations of the complaint were these: Thomas J. Overman was, at the time of the commencement of the action, the sheriff of Randolph county, Indiana;…
2Cases cited2 opinions
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
- Winfield v. MapesNew York Supreme Court · 1847