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37 Ind. App. 231

Funk v. State ex rel. Baker

Indiana Court of Appeals

Decided January 26, 1906

Indiana Court of Appeals · decided 1906-01-26

From Allen Circuit Court; James C. Branyan, Special Judge. Action by the State of Indiana, on the relation of Cain Baker, against Jacob Funk as county treasurer of Allen county. From a judgment for plaintiff, defendant appeals. (On transfer, see 166 Ind. 455).

Good law ✅— No negative treatment on recordhow we know

Transferred to Supreme Court · Decided 1906-01-26

How this case has been cited

Cited by 5 later decisions — most recently October 1965

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Robinson, J.

¶1Appellee brought this action on an order issued by the auditor of the county on appellant for the payment of $50 and damages. The prayer of the petition is that an alternative writ may issue commanding appel■lant to pay the warrant, or show cause why the same should not be done, and that on final hearing a peremptory writ may be issued. The alternative writ was issued. A demurrer to the affidavit, motion and alternative writ was overruled, and áppellant answered in four paragraphs. A demurrer to the second, third and fourth paragraphs of answer was sustained. The first paragraph of answer was withdrawn, and, appellant refusing to plead further, the court found for appellee. It was adjudged by the court upon appellant’s refusal to plead further that a peremptory writ of mandate issue to appellant commanding him to pay to the relator the warrant issued, which warrant is set out in full, and it was further adjudged by the court that the relator recover the sum of one cent as damages, besides his costs, to which judgment and the rendition thereof the appellant excepted and prayed an appeal.

¶2As this is an action of mandate, the jurisdiction on appeal is in the Supreme Court. The case is, therefore, transferred to the Supreme Court.

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