Legal Opinion

State ex rel. Spindler v. Scheiman

Indiana Supreme Court

Decided May 9, 1913No. 21,860PublishedCited by 7 opinions

From Superior Court of Allen County; Carl Yaple, Judge. Action for mandamus by the State of Indiana, on the relation of David E. Spindler, as superintendent of the construction of Willow Creek Ditch, against William H. Scheiman, Treasurer of Allen County, and others. From a judgment for defendants, the relator appeals.

1Opinion of the CourtMorris, J.

This was an action for mandamus, instituted by the relator, superintendent for construction of a ditch, against the treasurer, auditor, board of commissioners, and board of finance, of the county of Allen, under §1225 Bums 1908, §1168 R. S. 1881, which authorizes the issuance of writs of mandate “to any inferior tribunal, corporation, board, or person, to compel the performance of an act which *503the law specially enjoins, or a duty resulting from an office, trust, or station.” The complaint alleges that there came into the hands of the county treasurer certain funds paid on assessments for the…

2Cases cited4 opinions

  1. State ex rel. Hunter v. WinterrowdIndiana Supreme Court · 1910
  2. State ex rel. Kelley v. BonnellIndiana Supreme Court · 1889
  3. Burnsville Turnpike Co. v. State ex rel. McCallaIndiana Supreme Court · 1889
  4. State ex rel. Alexander v. CooverIndiana Supreme Court · 1913

3Cited by7 opinions

  1. State Ex Rel. Mavity v. TyndallIndiana Supreme Court · 1946
  2. State ex rel. Thompson v. WheatonIndiana Supreme Court · 1923
  3. BRUGGNER v. ShafferIndiana Court of Appeals · 1965
  4. State Ex Rel. Szweda v. DaviesIndiana Supreme Court · 1926
  5. McClellan v. State ex rel. BryantIndiana Supreme Court · 1914

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