State ex rel. Stuart v. Schmidt

Indiana Supreme Court

State ex rel. Stuart v. Schmidt

71 N.E. 654, 163 Ind. 699, 1904 Ind. LEXIS 203

CourtIndiana Supreme Court

DecidedJune 30, 1904

DocketNo. 20,371

StatusPublished

This text of 71 N.E. 654 (State ex rel. Stuart v. Schmidt) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Stuart v. Schmidt, 71 N.E. 654, 163 Ind. 699, 1904 Ind. LEXIS 203 (Ind. 1904).

Pincite

Opinion

Hadley, J.

William H. Schmidt was his own successor as treasurer of Marion county. The State, ex rel. Eomus F. Stuart, and Romus F. Stuart join in this action against Schmidt and his sureties on his two official bonds as such treasurer. Except as to names, dates and amounts, the pleadings, rulings and questions presented are the same as those presented and decided in State, ex rel., v. Holt (1904), ante, 198, and are ruled by the decision announced in the latter case. The circuit court therefore did not err in sustaining the demurrer to the amended complaint, and the judgment of the Appellate Court is, therefore, affirmed.

The death of appellee William H. Schmidt since the submission of this cause having been suggested, the judgment is affirmed as of the date of submission.

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Hadley, J.

William H. Schmidt was his own successor as treasurer of Marion county. The State, ex rel. Eomus F. Stuart, and Romus F. Stuart join in this action against Schmidt and his sureties on his two official bonds as such treasurer. Except as to names, dates and amounts, the pleadings, rulings and questions presented are the same as those presented and decided in State, ex rel., v. Holt (1904), ante, 198, and are ruled by the decision announced in the latter case. The circuit court therefore did not err in sustaining the demurrer to the amended complaint, and the judgment of the Appellate Court is, therefore, affirmed.

The death of appellee William H. Schmidt since the submission of this cause having been suggested, the judgment is affirmed as of the date of submission.

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Bluebook (online)

71 N.E. 654, 163 Ind. 699, 1904 Ind. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-stuart-v-schmidt-ind-1904.