Szilagyi v. State ex rel. La Porte Community School Corp.

231 N.E.2d 221, 249 Ind. 400, 1967 Ind. LEXIS 391
CourtIndiana Supreme Court
DecidedOctober 31, 1967
DocketNo. 31,157
StatusPublished
Cited by11 cases

This text of 231 N.E.2d 221 (Szilagyi v. State ex rel. La Porte Community School Corp.) 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
Szilagyi v. State ex rel. La Porte Community School Corp., 231 N.E.2d 221, 249 Ind. 400, 1967 Ind. LEXIS 391 (Ind. 1967).

Opinions

Mote, J.

This appeal, as Raymond LeRoy, et al., Appellants v. State Commission for the Reorganization of School Corporations of the State of Indiana, et al, Appellees, No. 30908, also before this Court and being decided contemporaneously herewith, Ind., 231 N. E. 2d 212 likewise involves the LaPorte Community School Corporation, LaPorte County, Indiana. We are holding in the LeRoy Case that the Administrative Adjudication and Court Review Act of 1947 (Burns’ Ind. Stat. Anno. § 63-3001 et seq.) is not applicable to school reorganization under the Acts of 1959 (Burns’ Ind. Stat. 1966 Cum. Supp. § 28-6101 et seq.) ; hence, disposition of the major, if not the only, significant question in this appeal is predicated upon what we said and decided in LeRoy and adversely to the Appellants herein.

Separate actions were commenced below by the Appellee herein against the Trustee of Pleasant Township and against the Trustee of Washington Township, both in LaPorte County, Indiana, in which Appellee sought an order in each instance mandating the defendants therein (Appellants herein), after consolidation of the two separate actions for trial and appeal, to transfer to Appellee, a newly reorganized school corporation, “all powers, duties, property rights, other assets, liabilities and contracts of the respective two school townships”.

After various and divers pleadings and motions filed in the trial court and after consolidation for trial of the issues presented by the pleadings, trial was had to the court, without a [403]*403jury, after which the trial court made and entered its findings ; omitting the formal parts, they were as follows:

“This cause having heretofore been submitted to the Court for trial without the intervention of a Jury, and the Court having heard the evidence and argument of counsel, and the same having been taken under advisement, and being sufficiently advised in the premises, DOES NOW FIND for the Plaintiff, and against the Defendant on Plaintiff’s Amended Complaint, that the allegations of Plaintiff’s Amended Complaint are true, and that the prayer of Plaintiff’s Amended Complaint ought to be granted. The Court FURTHER FINDS that the Plaintiff is entitled to an order requiring the Defendant to transfer, set over and deliver to the Plaintiff all powers, duties, property rights, other assets, liabilities, contracts both as to rights and obligations, and all else connected with the transfer of authority from Pleasant School Township, LaPorte County, Indiana, to LaPorte Community School Corporation including, but not limited to, the following enumerated items, to-wit:
(1.) All cash, bank accounts, dues and credits held or received for school purposes as of June 30, 1964, and any cash, bank accounts, dues and credits received for school purposes thereafter;
(2.) All certificates or other evidence of title to motor vehicles, including chassis and body, and to all other equipment or personal property of any kind used in the operation and/or maintenance of schools and school property in Pleasant Township, LaPorte County, Indiana;
(3.) All equipment, school furnishings or personal property of any kind used in the operation and/or maintenance of schools and school property in Pleasant Township, LaPorte County, Indiana;
(5.) Real property acquired in the name of The School Township of Pleasant for school purposes of LaPorte County, Indiana, or School Township of Pleasant, LaPorte County, Indiana, or Pleasant School Township of LaPorte County, Indiana, to be transferred by deed, together with all evidence of title thereto in possession of the Defendant, Elmer Szilagyi, as Trustee of Pleasant Township of LaPorte County, Indiana.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED that the Defendant, Elmer Szilagyi, as Trustee of Pleasant Township, LaPorte County, [404]*404Indiana, on or before the first day of December, 1965, shall transfer, set over and deliver to the Plaintiff, LaPorte Community School Corporation, at the offices of the Plaintiff, all powers, duties, property rights, other assets, liabilities, contracts both as to rights and obligations, and all else connected with the transfer of authority from Pleasant School Township, LaPorte County, Indiana, to LaPorte Community School Corporation, including, but not limited to the following enumerated items, to-wit:
(1.) All cash, bank accounts, dues and credits held or received for school purposes as of June 30, 1964, and any cash, bank accounts, dues and credits received for school purposes thereafter;
(2.) All certificates or other evidence of title to motor vehicles, including chassis and body, and to all other equipment or personal property of any kind used in the operation and/or maintenance of schools and school property in Pleasant Township, LaPorte County, Indiana;
(3.) All books, records, contracts, documents and papers of any nature pertaining to the schools of and/or located in Pleasant Township, LaPorte County, Indiana;
(4.) All equipment, school furnishings or personal property of any kind used in the operation and/or maintenance of schools and school property in Pleasant Township, LaPorte County, Indiana;
(5.) Real property acquired in the name of The School Township of Pleasant for school purposes of LaPorte County, Indiana, or School Township of Pleasant, LaPorte County, Indiana, or Pleasant School Township of LaPorte County, Indiana, to be transferred by deed, together with all evidence of title thereto in possession of the Defendant, Elmer Szilagyi, as Trustee of Pleasant Township of LaPorte County, Indiana.
IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED that the Plaintiff shall have and recover all of its costs in this action laid out and expended and that all costs accruing in this action be and the same are hereby taxed to the Defendant.
Dated this 15th day of November, 1965.
/s/ Gene B. Lee
Gene B. Lee, Special Judge Starke Circuit Court”

[405]*405A consolidated motion for a new trial was filed and overruled. Omitting the formal parts thereof, Appellants assign herein as error, the following:

“The appellants aver that there is manifest error in the judgement and proceedings in this cause which is prejudicial to appellants in this:
1. The Court erred in overruling appellant’s motion for new trial in Starke Circuit Court Cause No. 64-262 consolidated herein.
2. The Court erred in overruling appellant’s motion for new trial in Starke Circuit Court Cause No. 64-268 consolidated herein.”

The specifications of error above set forth have the same application inasmuch as they refer to the two separate actions filed in the trial court. It will be observed that such specifications do not enlighten this Court concerning the asserted causes or reasons specified in the motion for new trial upon which Appellants seek to rely.

We think it is not essential to set forth herein a concise statement of the evidence.

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Szilagyi v. State ex rel. La Porte Community School Corp.
231 N.E.2d 221 (Indiana Supreme Court, 1967)

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Bluebook (online)
231 N.E.2d 221, 249 Ind. 400, 1967 Ind. LEXIS 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szilagyi-v-state-ex-rel-la-porte-community-school-corp-ind-1967.