Marion County v. Coler

PARDEE, Circuit Judge.

This cause has been presented to this court on an assignment of errors complaining that the trial court refused a jury trial; that J. C. Hart, tax collector, and J. E. Cooke, tax assessor, were improperly included in the judgment awarding a mandamus, because no .demand and refusal were shown against them; and that, as to Marion county, Ihe judgment awarded was excessive, illegal, and oppressive. Tlie material facts in the case were admitted in the pleadings, and the trial in the court below was practically upon the petition and answers. If no material faet was at issue,…