Board of Finance of Clark Township of Perry County v. State ex rel. Tell City National Bank
| Decision Date | 09 June 1909 |
| Docket Number | 21,422 |
| Citation | 88 N.E. 673,173 Ind. 52 |
| Parties | Board of Finance of Clark Township of Perry County v. The State of Indiana, ex rel. Tell City National Bank |
| Court | Indiana Supreme Court |
Rehearing Denied October 15, 1909, Reported at: 173 Ind. 52 at 55.
From Perry Circuit Court; Christopher W. Cook, Judge.
Action by The State of Indiana, on the relation of the Tell City National Bank, of Tell City, Indiana, against the Board of Finance of Clark Township of Perry County. From a judgment for plaintiff, defendant appeals.
Reversed.
O. C Minor and William M. Waldschmidt, for appellant.
Norman E. Patrick and Philip Zoercher, for appellee.
This proceeding was brought by the relator to compel appellant, by writ of mandate, to designate it as a depository of a part of the public funds of said township, under the provisions of section thirteen of the act of 1907 (Acts 1907, p. 391 § 7534 Burns 1908).
Appellant's demurrer for want of facts to the alternative writ of mandamus was overruled, and upon its refusal to plead further, judgment was rendered in favor of appellee, and a peremptory writ ordered.
The errors assigned call in question the action of the court in overruling the demurrer to the alternative writ.
Appellant insists that § 7534, supra, provides an adequate remedy by appeal from the action of appellant, and therefore mandamus will not lie. Said section reads as follows:
It is provided in section sixteen of said act (§ 7537 Burns 1908), ...
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