155 Ind. 173 | Ind. | 1900
— This proceeding was begun in the Johnson Circuit Court on April 24, 1899, under §35 of an act approved March 8, 1897, entitled “An act providing for the impeachment and removal from office of public officers”, Acts 1897 p. 278. On change of venue to the Marion Circuit Court, a demurrer for want of facts was sustained to the “accusation”, and this appeal resulted. Paskins moves to dismiss the appeal on the ground, among others, that the assignment of errors is insufficient to present any question to this court. The “accusation” was filed, presented to the court, and prosecuted, not by the prosecuting attorney in the name and on behalf of the State, but by citizens Lang and McEadden through their attorneys Miller & Barnett. To the ruling on the demurrer “the State of Indiana and the petitioners Lang and McEadden” severally excepted. The State of Indiana, by the Attorney-General, and Lang and McEadden, by their attorneys, have jointly assigned error on the ruling and judgment on the demurrer. In
Appeal dismissed.