Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 116

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 116

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ... Commissimie'rs.--Attorney's Fees.--Unlawful Diversion of F1/.nds.--Liability of County.--It is the duty of the board of county commissioners to prosecute an action against a township trustee who refuses to account for the income of land belonging to the congressional township fund, and in the discharge of that duty it is proper for such board to employ attorneys and pay reasonable fees for their services out of proper funds; but such fees can not be paid out of the moneys recovered in such proceeding, as such moneys, under the compact between the United States and the State of Indiana, and under section 3 of article 8 of the State Constitution, are inviolably appropriated to the inhabitants of the proper township for the use of the common schools, and for any deduction made therefrom for attorney's fees or otherwise the county is liable, under sections 6 and 7 of the article cited, with interest from the date of diversion. SA1IE.--Jud_qment.--Res Judicata.--A judgment of the board of commissioners rejecting a claim filed by a township trustee asking the board to pay into the county treasury, to the credit of the township, school funds unlawfully diverted to the payment of attorneys' fees, is not a. bar to an action by the State to compel the board to make good the amount so unlawfully diverted. ' From the Bartholomew Circuit Court. F. T. Hard, for appellant. D. P. Baldwin, Attorney General, R. Hill, J. W. Nichol and J. S. Frazer, for appellee. " HOWK, C. J.--In this case the State of Indiana, on the relation of its attorney general, for the use of its common school fund, presented to the board of commissioners of Bartholomew county, for allowance and payment, a claim in two paragraphs. This claim more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • Illustrations, black and white
  • 1236796349
  • 9781236796349