Comer v. State ex rel. Hauter

• Decision Date: 07 January 1916
• Docket Number: No. 22757.,22757.
• Citation: 110 N.E. 984,184 Ind. 217
• Parties: COMER et al. v. STATE ex rel. HAUTER et al.
• Court: Indiana Supreme Court

184 Ind. 217

110 N.E. 984

COMER et al.

v.STATE ex rel. HAUTER et al.

No. 22757.

Supreme Court of Indiana.

Jan. 7, 1916.

Appeal from Circuit Court, Jasper County; Charles W. Hanley, Judge.

Application by the State, on the relation of Percy Hauter and others, for a writ of mandamus, against Stephen T. Comer and others, composing the County Council of Jasper County. From a judgment issuing the writ, defendants appeal. Affirmed.George A. Williams, of Rensselaer, for appellants. A. Halleck, of Rensselaer, for appellees.

SPENCER, J.

This is an appeal from a judgment of the Jasper circuit court ordering the issuance of a writ of mandate, directed to the county council of Jasper county and commanding such council to appropriate the sum of $1,500 for the salary and expenses of a county agent for such county for the year 1915.

[1][2] Omitting the formal allegations the amended complaint charges that the petitioners are resident householders and taxpayers of Jasper county; that appellants are and were members of the county council of said county and are now duly qualified and acting as such; that prior to May 22, 1913, more than 20 residents of the county of Jasper, who were and are actively interested in agriculture, filed with the board of education of said county a petition for the employment of a county agent and also made a deposit of $500 with said board to be used in defraying the expenses of such agent; that said petition was, by the county board of education, filed with the Jasper county council before the special May meeting of said council in the year 1913; that said petition prayed said council to appropriate the sum of $1,500 to be used in paying the salary and other expenses of a county agent for said county for the ensuing year; that on May 22, 1913, said council appropriated the sum of $1,500 out of the funds of Jasper county to be used as prayed in said petition, whereupon the board of education of Jasper county applied to Purdue University for the appointment of a county agent for said county; that said Purdue University designated and appointed one O. G. Barrett as such agent, and said Barrett accepted said appointment and performed the duties of said office for a period of one year and until such time as the moneys appropriated by said council were exhausted, when, on the failure and refusal of appellant council to make a further appropriation to pay for his services he resigned his said office; that at the regular session of said council in September, 1914, it failed, neglected, and refused to appropriate the sum of $1,500 out of the funds of Jasper county to be used...