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78 Ind. App. 110

Johnson v. Paris

Indiana Court of Appeals

Decided March 30, 1922

Indiana Court of Appeals · decided 1922-03-30

From Johnson Circuit Court; Fremont Miller, Judge. Action by Robert J. Johnson and others against James T. Paris, township trustee, and others. From a judgment for defendants, the plaintiffs appeal.

Relies on Crapo v. City of Gary

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1922-03-30

How this case has been cited

Cited by 4 later decisions — most recently March 1980

4 state decisions

201922193019401950196019701980decided

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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McMahan, J.

¶1— Complaint by appellants to enjoin appellees as trustee and members of the advisory board of White River school township in Johnson county from letting a contract and expending the funds of said township for the construction of a gymnasium for the high school of said township. The court sustained appellees’ demurrer to the complaint and rendered judgment against appellants, from which they appeal.

¶2Appellees have filed a motion to dismiss and in support of such motion show that the contract for the construction of the gymnasium has been let, that the building has been completed, accepted, and paid for, and is now being used by the township. It thus appears that appellants would be precluded from obtaining any relief under their complaint, if the court should decide the question presented by the assignment of error in their favor. As said by the Supreme Court in Crapo v. City *111of Gary (1920), 190 Ind. 8, 129 N. E. 6: “It would be idle for the court to consider or to decide the question so presented. The court will not decide a question which involves no real controversy. Such a question is regarded as moot, and the court will not decide it, for the purpose of settling costs.”

¶3The appeal is therefore dismissed.

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