State v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Indiana Court of Appeals

State v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

36 N.E. 651, 9 Ind. App. 226, 1894 Ind. App. LEXIS 24

CourtIndiana Court of Appeals

DecidedFebruary 20, 1894

DocketNo. 1,077

StatusPublished

This text of 36 N.E. 651 (State v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.) 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

State v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co., 36 N.E. 651, 9 Ind. App. 226, 1894 Ind. App. LEXIS 24 (Ind. Ct. App. 1894).

Pincite

Opinion

Per Curiam.

This proceeding was instituted by the State against the appellee upon affidavit and information filed by the prosecuting attorney, under and by virtue of sections 1 and 2, of an act approved March 1, 1891, Acts 1891.

The sustaining of appellee’s motion to quash the affidavit and information is the only error assigned.

The appellee’s counsel seek to sustain the ruling of the circuit court upon the contention that the statute upon which the prosecution is founded is unconstitutional and invalid, and have, for that reason, filed the proper motion to transfer the cause to the Supreme Court.

[227]*227Filed Feb. 20, 1894.

We are of opinion that this motion must be sustained. Benson, Admr., v. Christian, 2 Ind. App. 599, 129 Ind. 535.

The clerk is, therefore, ordered to transfer the cause to the docket of the Supreme Court.

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