Gold v. State ex rel. Adam

Decision Date22 March 1895
Docket Number17,240
Citation40 N.E. 263,143 Ind. 706
PartiesGold, Trustee, et al. v. State, ex rel. Adam
CourtIndiana Supreme Court

Petition for Rehearing Overruled December 11, 1895.

From the Marion Superior Court.

Ayres & Jones and H. C. Allen, for appellants.

C. A. Dryer, for appellee.

OPINION

Howard, J.

This case involves the construction of the same statutes and the decision of the same questions passed upon in the consideration of the case of Taggart, Auditor, v. State, ex rel. Williams, 142 Ind. 668, 40 N.E. 260.

On the authority of that case, the judgment in this case is also reversed, with instructions to sustain the appellant's demurrers to the alternative writ of mandate, with leave to amend the pleadings or to file new pleadings, and for further proceedings not inconsistent with this opinion or with the opinion in said case of Taggart, Auditor, v. State, ex rel. Williams.

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2 cases
  • Ctr. Sch. Tp. v. State ex rel. Bd. of Sch. Com'rs
    • United States
    • Indiana Supreme Court
    • March 31, 1898
    ...section 8654, supra, in the decisions of this court in Taggart v. State, 142 Ind. 668, 40 N. E. 260, and 42 N. E. 352, and Gold v. State, 143 Ind. 706, 40 N. E. 263, the appellee's right to its proportionate part of the surplus dog tax in the hands of the township trustee of Center school t......
  • Center School Township v. State ex rel. Board of School Commissioners of City of Indianapolis
    • United States
    • Indiana Supreme Court
    • March 31, 1898
    ... ... construction placed upon section 8654, supra, in the ... decisions of this court in Taggart v ... State, 142 Ind. 668, 40 N.E. 260, and Gold ... v. State, 143 Ind. 706, 40 N.E. 263, the ... appellee's right to its proportionate part of the surplus ... dog tax in the hands of the ... ...

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