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Smith v. State ex rel. Board of Commissioners

Smith v. State, ex rel. Board of Commissioners of the County of Kosciusko

Smith v. State ex rel. Bd. of Comm'rs, 81 N.E. 1179 (Ind. Ct. App. 1907)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
June 27, 1907
Docket
No. 5,699
Citations
81 N.E. 117940 Ind. App. 2401907 Ind. App. LEXIS 50
Disposition
Transferred to Supreme Court.
Headnotes
.Appeal. — Transfer.—Where four judges cannot concur in the decision of a case in the Appellate Court, the cause will be transferred to the Supreme Court (§1337o Burns 1901, Acts 1901, p. 565, §15).
Summary
Prom Kosciusko Circuit Court; Lemuel W. Boyse, Judge, pro tern. Action by the State of Indiana, on the relation of the Board of Commissioners of the County of Kosciusko, against Oliver P. Smith and others. Prom a judgment in favor of plaintiff, defendants appeal. (Por decision on the merits, see 169 Ind. —.)

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Opinion of the Court

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Per Curiam.

This appeal having been submitted to the entire court and four judges thereof not concurring in the result, the case is transferred to the Supreme Court under section fifteen of “an act concerning appeals,” etc. Acts 1901, p. 565, §1337o Burns 1901.

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