Mott v. Williams

299 N.E.2d 181, 157 Ind. App. 167, 1973 Ind. App. LEXIS 994
CourtIndiana Court of Appeals
DecidedJuly 31, 1973
DocketNo. 3-373A31
StatusPublished

This text of 299 N.E.2d 181 (Mott v. Williams) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mott v. Williams, 299 N.E.2d 181, 157 Ind. App. 167, 1973 Ind. App. LEXIS 994 (Ind. Ct. App. 1973).

Opinion

Sharp, J.

On January 2, 1973 the Appellee, Alexander S. Williams, filed a complaint for injunction and prayed that Appellant, William H. Mott, be restrained from assuming the [168]*168duties of Lake County Coroner during the calendar year 1973. The Appellee alleged that calendar year 1973 represented the fourth year of a four year term as Coroner to which Appellee was elected in the 1968 General Election. The Appellant filed answer and cross-complaint based on quo warranto challenging Appellee’s title to the office of Lake County Coroner. The case was tried on its merits and the trial court entered the following special findings of fact and conclusions of law:

“This cause having been submitted for trial without the intervention of a jury upon Plaintiff’s Complaint for Injunc-tive Relief, Defendant’s Answer to Plaintiff’s Complaint, Defendant’s Cross-Complaint for Quo Warranto, Plaintiff’s Answer to Defendant’s Cross-Complaint, Plaintiff’s request for Special Findings of Facts and Conclusions of Law, and the only evidence being submitted was by way of stipulation of facts by both parties and the parties having agreed to maintain the status quo in the Coroner’s office until the ruling on Defendant’s Cross-Complaint, thus making Plaintiff’s Complaint for Injunctive Relief moot, and the Court having heard arguments and having reviewed memorandum briefs filed by counsel for the respective parties and issues having been taken under advisement, the Court now makes and enters its Special Findings of Facts and Conclusions of Law, Judgment and Decree.
SPECIAL FINDINGS OF FACT PURSUANT TO TRIAL RULE 52
1. The Court has jurisdiction of the persons of each of the parties to this action.
2. That Plaintiff Cross-Defendant, Alexander S. Williams has for more than 40 years continuously, last, past, and presently is a bona-fide resident and elector of Lake County, Indiana and eligible to hold the office of Coroner of Lake County, Indiana. (Stipulation No. 1)
3. That the Defendant Cross-Plaintiff, William H. Mott, has for more than 12 years continuously, last, past, and presently is a bona-fide resident and elector of Lake County, Indiana and eligible to hold the position of Coroner of Lake County, Indiana. (Stipulation No. 10)
4. That on the third day of November 1964 at a general election held on that date in Lake County, in the State of [169]*169Indiana, Plaintiff Cross-Defendant, Alexander S. Williams was duly elected Coroner of Lake County, Indiana. (Stipulation No. 2)
5. That on the second day of December 1964 Mathew [sic] Welsh then Governor of the State of Indiana issued a commission to said Plaintiff Cross-Defendant as Coroner of Lake County, Indiana. (Stipulation No. 7)
6. That on the 31st day of December, 1965 Plaintiff Cross-Defendant, Alexander S. Williams duly executed and properly filed bond as such as Coroner of Lake County, Indiana, and took the oath of office as required by law. (Stipulation No. 4)
7. That said, Alexander S. Williams, served as Coroner of Lake County, Indiana from the first day of January, 1966 to the first day of January, 1970. (Stipulation No. 5)
8. That on November 5, 1968 at a general election held on that date in Lake County, State of Indiana, Plaintiff Cross-Defendant, Alexander S. Williams was duly elected Coroner of Lake, County, Indiana. (Stipulation No. 6)
9. That on the 20th day of December, 1968 the Governor of the State of Indiana issued a commission to Plaintiff Cross-Defendant, Alexander S. Williams, as Coroner of Lake County, Indiana. (Stipulation No. 3)
10. That on the 31st day of December, 1968, Plaintiff Cross-Defendant, Alexander S. Williams duly executed and properly filed bond as such as Coroner of Lake County, Indiana and took the oath of Office as required by law. (Stipulation No. 8)
11. That Alexander S. Williams has served as Coroner of Lake County, Indiana from the first day of January, 1970 to the present date. (Stipulation No. 9)
12. That on the 7th day of November, 1972 at the general election held on that date in Lake County, Indiana, Defendant Cross-Plaintiff, William H. Mott, was duly elected Coroner of Lake County, Indiana. (Stipulation No. 11)
13. On the first day of December, 1972, Edgar D. Whit-comb then Governor of the State of Indiana issued a commission to said Defendant Cross-Plaintiff, William H. Mott, as Coroner of Lake County, Indiana. (Stipulation No. 12)
14. That on the second of January, 1973, the Defendant Cross-Plaintiff, William H. Mott, duly executed and filed bond as Coroner and took the oath of office as required by law. (Stipulation No. 13)
[170]*17015. That the predecessor to Alexander S. Williams was Peter Stecy, who took office January 1, 1958 and again on January 1962. Each time for a four-year term. (Exhibit D of Stipulation.)
16. That the chronology of office holders of the Coroners of Lake County, Indiana from election in the year 1928 to the present date indicates the dates of election and completion and dates of taking office of each Coroner since that time. (Exhibit D of Stipulation.)
17. That the Indiana Constitution and amendents [sic] adopted in 1952 are silent with respect to when the Coroner should take office.
CONCLUSIONS OF LAW
1. The law is with the Plaintiff Cross-Defendant, Alexander S. Williams.
2. That the commencement of the term of county coroner is not prescribed in the constitution of the State of Indiana.
3. That the legislature has the power to fix the time for the commencement of the office for the county coroner and has prescribed in Burns Indiana Statutes, annotated 49-207, I.C. 11604, ‘The term of office of the . . . County Coroner . . . shall begin the first day of January, next following the term of office of the present incumbent.’
4. That the Plaintiff Cross-Defendant is the sole and lawful occupant of the office of Coroner of Lake County, Indiana until Midnight, December 31,1973.
JUDGMENT AND DECREE
Pursuant to and based upon the Special Findings of Facts and Conclusions of law as herein above, the Court now finds in favor of the Plaintiff-Cross-Defendant, Alexander S. Williams and that he has absolute right to retain possession of the office of Lake County Coroner until December 31,1973.
It is further ordered, adjudged, and decreed that the Defendant Cross-Plaintiff takes nothing by his complaint.”

This case was submitted to the trial court entirely by way of stipulations of fact and the parties responsibly agreed to maintain the status quo in the office of Lake County Coroner until the ruling on Appellant’s Cross-Complaint.

[171]*171It was stipulated that the following chronology exists with regard to the time of election and taking office of the Lake County Coroner since 1928:

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§ 49-207
Indiana § 49-207

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Bluebook (online)
299 N.E.2d 181, 157 Ind. App. 167, 1973 Ind. App. LEXIS 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mott-v-williams-indctapp-1973.