184 Ind. 736 | Ind. | 1916
This is an appeal under subd. 11, §1392 Burns 1914, Acts 1907 p. 237, from a judgment of the Elkhart Circuit Court, denying appellants’ applications for licenses to sell intoxicating liquors.
It appears that on April 7, 1913, a petition was filed with the Board of Commissioners of Kosciusko County asking for a local option election in Washington Township in said county. The board of commissioners held the petition sufficient and pursuant thereto an election was had on April 29 in which, as it appeared from the report of the election commissioners, 268 votes were east against and 270 votes in favor of the sale of intoxicating liquors in said township. Subsequently certain parties in interest filed a statement of contest with the board of commissioners and charged in the statement that four persons, naming them, who were not at the time qualified legal voters in said township, voted at said local option election; that the casting and counting of their several votes was wrongful and illegal, and that such votes should have been thrown out; that the casting and counting of the four illegal votes changed the result of the election. Prayer that the result of the election be declared in favor of those who opposed the sale of intoxicating liquors or that the election be declared illegal and void, and the re-
Following the election of April 29, appellants filed with the board of commissioners their applications for licenses to sell intoxicating liquors. On July 7, 1913, the board dismissed the same on the ground that the election of June 10 was legal and that it had no jurisdiction to consider said applications. An appeal from this decision was taken to the Kosciusko Circuit Court and subsequently venued to the Elkhart Circuit Court, where the cause was tried de novo and a judgment entered dismissing each application.
No evidence was introduced in the Elkhart Circuit Court, however, to show the pendency of that appeal and in the absence of such a showing, that court was bound to treat the judgment of the board of commissioners, and the subsequent proceedings thereunder, as binding on it, even though they were erroneous as against direct attack.
The judgment of the trial court must be. and is affirmed.
' Note. — Reported in 112 N. E. 513. See, also, under (1) 23 Cyc 101; (2) 15 Cyc 397; (3) 23 Cyc 101; (4) 23 Cyc 1062; (5) 23 Cyc 101.