The People's National Bank of Princeton v. State ex rel. Emerson

Citation65 N.E. 6,159 Ind. 353
Decision Date29 October 1902
Docket Number19,796
PartiesThe People's National Bank of Princeton v. State, ex rel. Emerson et al
CourtSupreme Court of Indiana

From Vanderburgh Superior Court; G. A. Cunningham, Special Judge.

Mandamus by the State on the relation of Alexander Emerson and another to compel an inspection of bank books for the purpose of taxing deposits. From a decree for plaintiffs, defendant appeals.

Reversed.

J. H Miller and J. E. McCullough, for appellant.

OPINION

Dowling, C. J.

This is a proceeding by the appellees, who were, respectively, the assessor and the auditor of Gibson county, for a writ of mandamus to compel the appellant to grant to them an inspection of its books showing the names of its depositors, and the amounts to their credit on April 1, 1899. The action was brought in the Gibson Circuit Court in September, 1899, and a change of venue was taken to the superior court of Vanderburgh county. An alternative writ was issued, to which the appellant made its return in nine paragraphs; the first being a general denial, and the others setting up special matters of defense. Demurrers to all of the special answers were sustained. The cause was tried upon the issue made by the general denial, and judgment directing the issuing of a peremptory writ of mandate was rendered.

The defendant below appealed, and filed its transcript in this court on the 6th day of March, 1902. Nine errors were properly assigned. On June 2, 1902, printed briefs for the appellant were filed, in which the supposed errors of the trial court were fully discussed. Two hundred days have elapsed since the submission of the cause, and, although the questions raised by the assignment of errors and presented by counsel for appellant in their briefs are important ones, no brief has been filed on behalf of the appellees, and no attention has been given by them to this appeal.

In view of the failure of the appellees to controvert any of the grounds upon which a reversal of the judgment is demanded, we feel justified in regarding their silence and neglect as a confession of error; and under the rules of this court as announced in Berkshire v. Caley, 157 Ind 1, 60 N.E. 696, and Neu v. Town of Bourbon, 157 Ind. 476, 62 N.E. 7, without intending to express any opinion upon the questions of law presented in the record, we reverse the judgment at the cost of the appellees, but without prejudice to either party. Cause...

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22 cases
  • Stuck v. Town of Beech Grove
    • United States
    • Supreme Court of Indiana
    • October 25, 1928
    ...C. J., absent. * Superseded by opinion, 166 N. E. 153. 1Berkshire v. Caley (1901) 157 Ind. 1, 60 N. E. 696;People's Nat. Bank v. State ex rel. Emerson (1902) 159 Ind. 353, 65 N. E. 6;Union Trac. Co. v. Forst (1904) 162 Ind. 567, 70 N. E. 979;Moore v. Zumbrum (1904) 162 Ind. 696, 70 N. E. 80......
  • Brier v. Mankey
    • United States
    • Court of Appeals of Indiana
    • January 25, 1911
    ...authorized to reverse the judgment “without prejudice to either party.” Miller v. Julian, 163 Ind. 582, 72 N. E. 588;People's Nat. Bank v. State, 159 Ind. 353, 65 N. E. 6. Assuming that appellee acted in good faith in briefing the case upon the theory of a joint exception, and to reverse a ......
  • Brier v. Mankey
    • United States
    • Court of Appeals of Indiana
    • January 25, 1911
    ......251, 85. N.E. 490; Johnson County Sav. Bank v. Kramer (1908), 42 Ind.App. 548, 86 N.E. 84. ... People's [47 Ind.App. 10] Nat. Bank v. State, ex rel. (1902), 159 Ind. 353, 65. N.E. 6. ......
  • Bryant v. Sch. Town of Oakland City
    • United States
    • Supreme Court of Indiana
    • May 22, 1930
    ...is contrary to law, and the same is reversed. 1Berkshire v. Caley (1901) 157 Ind. 1, 60 N. E. 696;People's Nat. Bank v. State ex rel. Emerson (1902) 159 Ind. 353, 65 N. E. 6;Union Trac. Co. v. Forst (1904) 162 Ind. 567, 70 N. E. 979;Moore v. Zumbrum (1904) 162 Ind. 696, 70 N. E. 800;Miller ......
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