Douglass v. State ex rel. Wright
Indiana Supreme Court
APPEAL from tlie Harrison Circuit Court. This was an information under the statute, in the name of the State, on the relation of Samuel J. Wright, against Benjamin P. Douglass, filed on the 16th day of November, 1867. It was alleged in the information, that Wright, the relator, at the October election, in the year 1867,-was duly elected to the office of Auditor of Harrison county, Indiana, that he was subsequently duly commissioned as such, by the Governor, for'the term'of…
Read the full summary
APPEAL from tlie Harrison Circuit Court. This was an information under the statute, in the name of the State, on the relation of Samuel J. Wright, against Benjamin P. Douglass, filed on the 16th day of November, 1867. It was alleged in the information, that Wright, the relator, at the October election, in the year 1867,-was duly elected to the office of Auditor of Harrison county, Indiana, that he was subsequently duly commissioned as such, by the Governor, for'the term'of four years from the first day of November, 1867, and until his successor should be elected and qualified; that he…
1Opinion of the CourtElliott, J.
The questions presented in the ease, and discussed by counsel, are,
First. Was Wright entitled to the office before the first Monday in March, 1868?
Second. If Wright was entitled to the office on the 11th of November, 1867, when he demanded possession of it from Douglass, was the latter entitled to retain from the gross emoluments thereof for the time he unlawfully held the office against Wright, the amount paid out for clerk hire for discharging the duties thereof during the same period?
The appellant bases his claim to hold the office under the appointment of the board of commissioners, on…
2Cases cited6 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- People ex rel. Dorsey v. SmythCalifornia Supreme Court · 1865
- Glascock v. LyonsIndiana Supreme Court · 1863
- People on rel. Morton v. TiemanNew York Supreme Court · 1859
- Howard v. State ex rel. VawterIndiana Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State ex rel. Worrell v. CarrIndiana Supreme Court · 1891
- Selby v. City of PortlandOregon Supreme Court · 1886
- Griebel v. State ex rel. NiezerIndiana Supreme Court · 1887
- Eades v. DrakeTexas Supreme Court · 1960
- Ness v. City of FargoNorth Dakota Supreme Court · 1933
24 more not listed; retrieve them via the Exa API.