State ex rel. Bear v. Long
| Decision Date | 14 October 1910 |
| Docket Number | 21,602 |
| Citation | 92 N.E. 649,174 Ind. 642 |
| Parties | The State of Indiana, ex rel. Bear, v. Long, Supervisor |
| Court | Indiana Supreme Court |
Rehearing Denied November 4, 1910.
From Huntington Circuit Court; Samuel E. Cook, Judge.
Action by The State of Indiana, on the relation of Sebastian G Bear, against Edward Long, as road supervisor of district three in Jackson township of Huntington county. From a judgment for defendant, plaintiff appeals.
Appeal dismissed.
Fred H Bowers and Milo N. Feightner, for appellant.
Watkins & Butler, for appellee.
The relator brought this action against appellee, supervisor of road district number three, Jackson township, Huntington county, Indiana, to compel him as such officer, by writ of mandamus, to issue to said relator a road tax receipt in full for his road taxes. After issues were joined, the cause was tried by the court, and, over a motion for a new trial, final judgment was rendered on November 20, 1909, in favor of appellee. The relator prayed an appeal to this court, and filed his appeal bond within the time allowed, and within sixty days thereafter--on January 21, 1910--filed the transcript and assignment of errors in this court. It appears from an affidavit filed by appellee in this court on April 20, 1910, that his term of office as such supervisor expired in December, 1909, long before the transcript in this case was filed in this court; that on the expiration of said term of office, and before said transcript was so filed, Samuel Wohlfort was appointed supervisor of said district; that said Wohlfort duly qualified as such successor, and "has ever since been, and is now, supervisor of said district."
It is evident that after said Wohlfort entered upon the discharge of his duties as supervisor of said road district, as the successor of said Long, in December, 1909, said Long no longer had any title or interest in said office of supervisor of said district, and was not a proper appellee in this appeal at the time the transcript and assignment of errors were filed. At the time said transcript was filed, Wohlfort was the proper appellee. Schrader v. State, ex rel. (1901), 157 Ind. 341, 61 N.E. 721; State, ex rel., v. Board, etc. (1904), 162 Ind. 580, 588, 68 N.E. 295. See, also, Fox v Trinidad Water Works Co. (1896), 7 Colo.App. 401, 43 P. 1051, and cases cited; State's Attorney v. Selectmen, etc. (1890), 59 Conn. 402, 409, 410, and authorities cited; Secretary v. McGarrahan (1869), 9 Wall. 298, 19 L.Ed. 579; United States v. Boutwell (1873), 17 Wall. 604, 21 L.Ed. 721; People, ex rel., v. Best (1907), 187 N.Y. 1, 116 Am. St. 586, 590, 591, 79 N.E. 890; 3...
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