Schrader v. State ex rel. Mason
Decision Date | 30 October 1901 |
Citation | 61 N.E. 721,157 Ind. 341 |
Parties | SCHRADER, Road Supervisor, v. STATE ex rel. MASON. |
Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Warrick county.
Mandamus by the state, on relation of William F. Mason, against William Schrader, supervisor of a road district, etc. From a judgment awarding the writ, defendant appeals. Dismissed.
Esarey & Ewing, for appellant.
The state, on relation of William F. Mason, petitioned the lower court for a mandamus to compel William Schrader, as the supervisor of road district No. 1 of Troy township, Perry county, Ind., to issue and deliver to the relator a road tax receipt as a credit upon his road taxes, in consideration of his cutting down and destroying burrs and other obnoxious weeds growing along a certain public highway contiguous to the lands owned by the relator. The latter claims his right to such receipt and credit upon his road tax by virtue of an act of the legislature approved March 3, 1897, entitled “An act concerning the cutting down and destroying of briers, thistles, burrs, docks, and other obnoxious weeds, by the owners of lands along public highways.” Acts 1897, p. 122. The venue of the action was changed from the Perry circuit court to that of the Warrick circuit court, wherein a trial upon the issues resulted in the court, on June 12, 1900, rendering its final judgment, whereby a peremptory writ of mandate was directed to issue against Schrader as supervisor, requiring him to issue to the relator a road tax receipt for $12, the same to serve as a credit on his highway taxes to that amount. On February 1, 1901, Schrader, as such supervisor, appealed from the judgment of the lower court to this court; and, on the same day, he, as the appellant in said appeal, filed his assignment of errors, whereby he complained of various alleged erroneous rulings of the trial court, by reason of which he prayed that the judgment below be in all things reversed. On August 28, 1901, appellee filed a motion to dismiss this appeal on the grounds that Schrader was not the supervisor of the road district in question at the time the appeal was taken by him. It is fully established by the verified evidence filed in support of this motion that one Fred Wagner at the general November election of 1900 was duly elected as the successor of appellant herein, as provided by law, as the supervisor of road district No. 1 of Troy township, Perry county. Ind., and thenceforward has been discharging the duties of said office. It is evident from the facts that Wagner, for over two months prior to the time that the appeal in this case was taken by his predecessor, had succeeded to all the rights and duties of said office When he was elected and qualified, appellant was thereby devested of his office as supervisor, and no longer had any title or interest therein. As he was...
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