Wills v. State ex rel. Hughes
| Decision Date | 11 April 1891 |
| Docket Number | 15,866 |
| Citation | 27 N.E. 423,128 Ind. 359 |
| Parties | Wills et al. v. The State, ex rel. Hughes |
| Court | Indiana Supreme Court |
From the Hendricks Circuit Court.
The judgment is affirmed, with costs.
T. J. Cofer, C. C. Hadley, J. S. Duncan and C. W. Smith, for appellants.
J. A. Downard, J. O. Parker and A. C. Ayres, for appellee.
This was a proceeding to obtain a mandate against the members of a board of judges of an election held in Middle township of Hendricks county.
It appears that the relator Hughes and one Hornaday were the rival and only candidates voted for at the election for the office of township trustee, and that they received an equal number of votes for the office. The judges failed and refused to determine by lot the person entitled to the office, but certified the result as a tie vote and adjourned.
The only question presented is whether a board of judges having adjourned without completing their duties as such board can be compelled by mandate to re-assemble and complete the duties devolved upon them by law.
This question so fully and elaborately discussed by counsel was decided adversely to the appellants in the case of Johnston v. State, ex rel., ante, p. 16.
For the reasons given in the opinion in the case referred to the judgment rendered in this case is affirmed, with costs.
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...where the Constitution expressly provides that no 'vacancy' exists. Appellants next cite the case of Wills et al. v. State ex rel. Hughes (1891), 128 Ind. 359, 27 N.E. 423. This case presents the identical question as that presented in the Johnston case and cites the Johnston case as the so......